(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Resident Orientals on the American Pacific coast; their legal and economic status"

3ZS.2SZ 



SAN FRANCISCO 



PUBLIC LIBRARY 



SAN FRANC SCO PUBLIC LIBRARY 



3 1223 90159 0530 



REFERENCE BOOK 



Not to be taken from the Library 




f. 










Resident Orientals on the 
American Pacific Coast 



THEIR LEGAL AND ECONOMIC STATUS 



By 
ELIOT GRINNELL MEARS 

Professor of Geography and International Trade, Stanford 

University ; Honorary Secretary, the Survey of Race 

Relations; Author of u Modern Turkey" 




THE UNIVERSITY OF CHICAGO PRESS 
CHICAGO • ILLINOIS 



,'v* 



Copyright 1928 By 
he University of Chicago 



All Rights Reserved 



Published July 1928 






A- 



280061 



Composed and Printed By 

The University of Chicago Press 

Chicago, Illinois, U.S.A. 



■ 



AUTHOR'S PREFACE 

This book is an exposition of the present situation 
of the Chinese and the Japanese resident in continental 
United States of America. Because of their initial im- 
migration to, and their present concentration in, the 
Pacific Coast States, the field of study is confined large- 
ly to California, Oregon, and Washington. Throughout 
the volume, the attempt is made to contrast rights and 
privileges of persons residing on American soil within 
three separate groups, namely, citizen and alien eligible 
to citizenship, citizen and alien ineligible to citizenship, 
and alien eligible and alien ineligible to citizenship. This 
background is essential for an understanding of unfavor- 
able or favorable discrimination, as applied to any for- 
eign racial people within our midst. 

The arrangement of subjects consists of a brief his- 
torical introduction; an enumeration and discussion of 
the significant laws, regulations, and judicial decisions, 
the opportunities offered for earning a livelihood, com- 
munity aspects; and a summary. The usefulness of this 
book can be greatly enhanced by constant reference to 
the Chronology (pp. vii-viii), General Tables (pp. 408- 
429), and the seventeen Select Documents (pp. 433- 
526). 

A thorough search has been made of all legal sources 
directly applicable to the Chinese and the Japanese of 
California, Oregon, or Washington. This reference work 
has involved the consultation of the original statutes and, 
as far as possible, the circumstances underlying the pas- 
sage in each instance. The court construction, both 
state and federal, of these explicit laws has been em- 
bodied also. The legal material was further checked and 



ii AUTHOR'S PREFACE 

elaborated in conjunction with the federal and state con- 
stitutions, together with citations found in the Ameri- 
can Digest, Corpus Juris, Ruling Case Law, Lawyers' 
Report Annotated, American Law Reports, Annotated 
( (!sc,s\ the American State Reports, United States Statutes 
of Large, Compiled Statutes of the United States, Federal 
and State Reports of Cases, and Index to Legal Periodicals. 
For this valuable and painstaking labor, the author is 
much indebted to Mr. Stanley Howell, a recent gradu- 
ate of the Stanford Law School. 

The enforcement of these public acts and their effect 
on the everyday life of the Oriental form an important 
part of the present volume. The law is generally silent 
regarding public and private enforcement, about which 
popular attitude and expressions play such a leading 
role. Provided, therefore, with the legalistic foundations, 
the writer has endeavored to translate the meaning in- 
to the more intangible political, international, racial, so- 
cial, and economic features. While every effort has been 
made to discover, classify, and utilize written and pub- 
lished available materials, the results thus obtained have 
been surprisingly meager. The best official sources have 
proved to be the reports of the United States Industrial 
Commission (1900); the United States Immigration 
Commission (1910); the hearings before the United 
States House Commission on Immigration and Natu- 
ralization, 4 parts (1920); and California and the Orien- 
tal, published by the California State Board of Control 
(1920). Valuable information of an unofficial character 
has been taken from The Annals of the American Acad- 
emy of Political and Social Science (September, 1909, 
and January, 1921), Tentative Findings of the Survey of 
Race Relations (Stanford University, 1925), Proceedings 
of the Institute of Pacific Relations (Honolulu, 1925), 
and a scattered, mainly inaccessible, periodical and 
propagandist literature (available partly at the state 
library at Sacramento and partly at the Library of Con- 



AUTHOR'S PREFACE iii 

gress) . But the central fact is that the problems affect- 
ing the American resident Chinese and Japanese are 
much different than those existing in 1900, 1910, 1920, 
or even in 1924. 

To obtain the greatly needed information to bring 
the situation up to date for the benefit of the conferees 
of the Institute of Pacific Relations during July, 1927, 
the writer spent a large share of his time in the academic 
year 1926-1927. The replies received from many hundred 
letters and special questionnaires have proved exceed- 
ingly valuable. The unpublished, intimate case docu- 
ments of the Survey of Race Relations, with which the 
writer has been connected for several years, have been 
decidedly useful, especially in the psychological aspects. 
Further first-hand materials have been gathered under 
my direction by two college graduates — one an Ameri- 
can from an American university, the other a Japanese 
from a Japanese university — each of whom spent several 
months on full-time assignments in studying the dif- 
ferent Japanese colonies in California, with special refer- 
ence to community and agricultural factors. These 
investigations, made two years apart and entirely inde- 
pendently, furnish valuable corroborative findings. To 
supplement the foregoing printed and unprinted data, 
the author made a 6,500-mile trip in 1927 through ten 
of the eleven far western states, where his contacts with 
academic authorities, foreign consuls, racial associations, 
state and municipal officers, chambers of commerce, la- 
bor leaders, attorneys, good-will organizations, and 
newspaper editors and reporters provided a varied 
field for fact-finding. 

For whatever merit this volume may possess, the 
author is under heaviest obligations to the American 
Group of the Institute of Pacific Relations, particular- 
ly to Chairman Ray Lyman Wilbur, the Research Com- 
mittee under the leadership of Dr. James T. Shot well, 
and the efficient secretary, Mr. E. C. Carter. The author 



iv AUTHOR'S PREFACE 

is especially grateful to Mr. Bruno Lasker for his de- 
tailed criticism of the original manuscript. Other organ- 
izations and individuals who have co-operated in such 
gratifying fashion are too numerous to single out. 

Eliot Grinnell Mears 

May, 1928 



ERRATA 

Page 47, line 2 from bottom, read Raker, not Baker. 

Page 62, line 4, fead Asakura, not Askura. 

Page 99, line 6, read were, not where. 

Page 133, footnote 26, read See New York Times, December 12, 
1925, not See Select Document Q. 

Page 259, lines 14 and 15, read Washington State Chamber of Com- 
merce, not California Chamber of Commerce. 

Page 339, line 3, read Commission, not Department. 

Page 438, line 6 from bottom, read national, not natural. 

Tables I and II, pp. 408-409, include figures for the Hawaiian- 
Islands as well as for continental United States. 



CHRONOLOGY 

1846 Treaty with Great Britain settling boundary of Oregon 

Territory at 49° N. Lat. 

1847 Discovery of gold in California. 

1848 California ceded by Mexico to the United States. Ter- 

ritorial government established in Oregon (included 
what is now Washington). 

1850 California becomes a state. 

1853 Washington Territory separated from Oregon. 

1859 Oregon becomes a state. 

1869 Southern Pacific Railroad completed. 

1880 Chinese-American Treaty (Select Document A). 

1882 Chinese Exclusion Act. 

1883 Northern Pacific Railroad completed. 

1885 Japanese government grants permission for subjects 
to emigrate. 

1889 Japanese constitution promulgated. Washington be- 
comes a state. 

1894-95 Prior Japanese-American Treaty (1894). Chino- 
Japanese War. 

1898 Hawaii and the Philippines annexed to the United 
States. 

1900 Boxer Uprising. Trans-Siberian Railway completed^ 

1904-5 Russo-Japanese War. Formation of Asiatic Ex- 
clusion League of North America (Select Docu- 
ment B). 

1906 San Francisco disaster. San Francisco attempts to 

segregate Japanese in schools. President Roose- 
velt's Message to Congress on the Japanese question 
(Select Document C). 

1907 The "Gentlemen's Agreement." 

vn 



vin RESIDENT ORIENTALS 

1911 .Japanese-American Treaty (Select Document F). 

1912 Chinese Republic proclaimed by Sun Yat Sen. 

1913 California's first alien land law. 

1914-18 World War. Panama Canal opened (1914). 
Panama-Pacific Exposition (1915). Barred Zone 
Immigration Act, not applying to Chinese or Japa- 
nese (1915). American Legion organized. 

1920 California's initiative land legislation (Select Docu- 

ment I). 

1921 Limitation of Armaments Conference, Washington. 

1922 Ozawa case (Select Document M). 

1923 California's third alien land law (Select Document I). 

Washington's alien land law (Select Document J). 
Oregon's alien land law. 

1924 Earthquake in Japan. United States Immigration Act 

(Select Document N). 



TABLE OF CONTENTS 

CHAPTER PAGE 

I. General Introduction 1 

Scant Relations between Chinese and Japanese, 4. — 
Significance of the Question, 6. — Source of Chinese 
Immigrants, 9. — Source of Japanese Immigration, 
13. — The California Environment, 16. — Color Preju- 
dice, 19. — Prejudice against Foreigners, 22. — Effect 
of Environment upon Resident Orientals, 24. — 
Population, 29. — American Viewpoint, 39. — The 
Chinese Viewpoint, 43. — The Japanese Viewpoint, 
44. — Economic Basis, 47. — Federal and State Rights, 
49. — The Isolation of California, 52. — Organized 
Effort, 55.— Approach to the Subject of This Re- 
port, 58. 

II. Treaty Rights 59 

The Treaty-making Power, 59. — The Force of a 
Treaty, 61. — Treaties with Japan and China, 64. — 
Relation of Japanese Treaty to Trade, 64. — Land 
Legislation and the Treaty with Japan, 65. — Rela- 
tion of Japanese Treaty to Taxation, 69. — Relation 
of Japanese Treaty to Personal Protection, 69. — 
Relation of Japanese Treaty to Patent Rights, 71. — 
Provisions of Chinese Treaty, 71. — Violation of 
Treaties, 72. 

III. Constitutional Guaranties 74 

The Constitution of the United States, 74. — 
Limitations on Aliens, 75. — Obligations of Aliens, 
76. — Theoretical Equality of Aliens and Citizens, 77. 
— Status of Aliens under Federal Constitution, 79. — 
Status of Aliens under State Constitutions, 82. — 
Resident Aliens and the Fourteenth Amendment, 
83. — Importance of United States Constitution, 88. — 
Importance of Written Laws, 89. — The Constitu- 
tion of California, 89. — Power of the Governor of 
California, 92. — Power of Public Opinion, 93. 

IV. Naturalization 96 

History of Present Law, 96. — Who Can Re Na- 
tionalized, 98. — Chinese and Japanese Ineligible 

ix 



\ RESIDENT ORIENTALS 

CHAPTBB PAGE 

IV. Naturalization — Continued 

According to Courts, 99. — Status of Alien's Wife 
and Children, 102.— Status of Enlisted Men, 103.— 
Justification for Citizenship Qualifications, 104. — 
Assimilability of Japanese, 106. — Dual Nationality 
of American-Born Japanese, 107. — Dual Nationality 
of American-Born Chinese, 110. — Citizenship Status 
an International Problem, 111. — Attitude of Chi- 
nese and Japanese toward Present Naturalization 
Law, 113. — Attitude of Americans toward Naturali- 
zation of Chinese and Japanese, 115. — Possibility of 
Change in Present Laws, 116. — Effect of Present 
Laws, 117. 

V. Exclusion 119 

Immigration and Treatment of Resident Asiatics, 
119. — Exclusion Provisions, 122. — Deportation Pro- 
visions, 124. — Treatment at the Border, 127.. — 
"Gentleman's Agreement" Superseded, 129. — Other 
Means of Restricting Immigration, 132. 

VI. Personal Relations 136 

Few Disabilities, 136. — Fiduciary Relations, 137. — 
Corporate Organizations, 137. — Freedom of Contract, 
138. — Guardianship, 139. — Right to Sue in the 
Courts, 140. — Co-operative Organizations, 143. — 
Equality in Taxation, 145. — Intermarriage, 145. — 
Legal Resume, 151. — Examples of Actual Discrimi- 
nation, 151. 

VII. Property Rights 157 

Personal Property, 157. — Real Property, 158. — In- 
heritance of Real Property, 158. — Acquisition of 
Public Property, 161. — Federal Land Laws, 162. — 
Various State Laws, 163. — California Alien Land 
Laws, 165.— The Effect of the Treaty, 167.— Crop- 
ping Agreements in California, 170. — Purchase by 
Others, 173. — Applications to California Corpora- 
tions, 174. — Oregon Alien Land Laws, 179. — Wash- 
ington Alien Land Laws, 179. — Comparison of Effect 
of Alien Land Laws of Three Pacific Coast States, 186. 

VIII. Occupational Status . 188 

Legal Rights and Privileges, 189. — Handicaps of 
Aliens, 191. — Legal Restrictions, 191. — Opposition 
of Organized Labor, 193. — Withdrawal from Compe- 
tition with Organized Labor, 196. — Prejudice of 
Employers, 198. — Special Difficulties of American- 
Born Orientals, 201. — Occupational Problem, 205. — 
The Future, 209. 



CONTENTS xi 

4 

CHAPTER PAGE 

IX. Mining . . 211 

Location and Ownership of Mining Claims, 211. — 
Working the Mines, 213. — Employment Condi- 
tions, 213. 

X. Fishing and Hunting 218 

Restrictions Throughout United States, 218. — Ore- 
gon Laws, 219. — Washington Laws, 220. — California 
Laws, 224. — Number of Oriental Fishermen, 225. — 
California Fisheries, 226. — Failure to Pass Anti- 
Japanese Legislation, 234. 

XI. Agriculture • 238 

Japanese Agricultural Association, 243. — Soil Dete- 
rioration, 245. — Enforcement of the California Land 
Law T s, 253. — Enforcement of Washington Land 
Laws, 257. — The Situation in Other States, 259. — 
The Agricultural Situation, 261. 

XII. Manufacturing and Mechanical Industries . . 262 

Canneries and Packing Houses, 265. — Lumber In- 
dustry, 275. — Miscellaneous Industries, 282. 

XIII. Trade 284 

Licensing, 284. — California and Washington Li- 
censes, 287. — Oregon Licenses, 287. — City Licenses 
Issued, 289. — Licenses in British Columbia, 292. — 
Business Contacts, 293. — Oriental and Occidental 
Business Methods, 295. — Employment Opportuni- 
ties, 299. 

XIV. Domestic and Personal Service 300 

Barber Shops, 300. — Laundries, 303. — Hotels and 
Lodging-Houses, 305. — Restaurants, 306. — House 
Servants, 308. — Competition with Filipinos, 312. — 
Competition with Whites, 314. — The Traditional 
Chinaman, 314. — Non-Interest of Second Genera- 
tion, 316. 

XV. Professions 317 

Lawyers, 318. — Physicians and Dentists, 319. — 
Chemists and Engineers, 321. — Location in America 
or Asia, 328. 

XVI. Public Service 330 

Public Office, 330. — Employment by Public Utilities, 
331. — Employment on Public Works, 332. 



mi RESIDENT ORIENTALS 



I II VI- I I l< PAGE 

XVII. Segregation 339 

The Chinese Community, 339. — The Japanese Com- 
munity, 341. — Racial Districts, 344. — Irresponsi- 
ble Episodes, 345. — Legal Status, 346. — Varied 
Experiences, 348. — Rural and Urban, 348. — City 
Residences, 351. — School Segregation, 352. — Miscel- 
laneous Segregation, 356. — Official and Non-Official 
Groups, 357. — Public and Personal Demonstration, 
359. 



XVIII. Community Contacts 361 

Municipal Facilities, 361. — Schools and Libraries, 
363. — Fraternal Organizations, 370.- — Women's 
Clubs, 374.— Y.M.C.A. and Y.W.C.A., 377.— Churches 
and Missionary Societies, 379. — Chamber of Com- 
merce and Community Chest, 382. — Neighborhood 
Relations, 383. — Interference from Without, 385. — 
Affairs Within, 389. — Hope of a Retter Understand- 
ing, 390. — Opportunities for Closer Inter-racial Con- 
tacts, 391. 

XIX. Resume 393 

Parties Concerned, 393. — Information Available, 
397. — Legal Treatment, 398. — Occupational Oppor- 
tunities, 401. — Relations between Americans and 
Orientals, 403.— The Changing Situation, 404. 

General Tables 407 

Select Documents 432 



GENERAL TABLES 

TABLE PAGE 

1. Chinese Immigrants Admitted (1900-1926) and Emi- 

grants Departed (1908-1926) (U.S. Immigration 
Reports) 408 

2. Japanese Immigrants Admitted (1900-1926) and 

Emigrants Departed (1908-1926) (U.S. Immigra- 
tion Reports) 409 

3. Japanese Emigrants to North America and Hawaii, 

1924 (latter half) and 1925 (Department of For- 
eign Affairs, Tokyo) . 410 

4. Chinese and Japanese Population by Divisions and 

States, 1900, 1910, and 1920 (U.S. Census) . . 411 

5. Chinese and Japanese Population in California, for 

Counties and Cities of 25,000 or More (U.S. 
Census) 413 

6. Chinese and Japanese Population in Washington, 

for Counties and Cities of 25,000 or More (U.S. 
Census) 415 

7. Chinese and Japanese Population in Oregon, for 

Counties and Cities of 25,000 or More (U.S. 
Census) 416 

8. Chinese Economic Activities in Oregon, 1924 . . 418 

9. Japanese Economic Activities in Oregon, 1924 . . 420 

10. Age Distribution for Chinese, 1920 (U.S. Census) . 422 

11. Illiteracy for Chinese, 1920 (U.S. Census) . . .423 

12. School Attendance for Chinese, 1920 (U.S. Census) . 424 

13. Age Distribution for Japanese, 1920 (U.S. Census) . 425 

14. Illiteracy for Japanese, 1920 (U.S. Census) . . . 426 

15. School Attendance for Japanese, 1920 (U.S. Census) 427 

16. Number of Japanese Residents in North America and 

Hawaii, 1904-1924 (Department of Foreign Af- 
fairs, Tokyo) 428 

17. American-Born Japanese in the Western Area, 1926 

(Consul-General of Japan in San Francisco) . . 429 

xiii 



SELECT DOCUMENTS 

DOCUMENT PAGE 

A. The Chinese-American Treaty of 1880 . . . .433 

B. Asiatic Exclusion League of North America (1905) 435 

C. Extract from President Roosevelt's Message to Con- 

gress Concerning the Japanese Question, Decem- 
ber 3, 1906 . . 438 

D. The Gentlemen's Agreement (1907) 443 

E. The Mackenzie Labor Report (1909) . . . ". .444 

F. The Japanese-American Treaty (1911) .... 449 

G. A Survey of the Japanese Question in California (by 

J. Soyeda and T. Kamiya, 1913) 458 

H. A Farmer's View of the Question, by George Shima, 

1920 . . 471 

I. California Land Legislation (1913, 1920, 1923) . . 473 

J. Washington Alien Land Law (1923) 488 

K. California and the Oriental (1920) 494 

L. Joint Resolution of the Japanese Exclusion League 

and the California Legislature, 1921 .... 505 

M. Ozawa vs. United States (1922) 507 

N. American Immigration Act, Section 13 (1924) . . 515 

O. Symposium of Japanese Opinion in Japan (the 

Japan Mail and Times, 1924) . . . . . .516 

P. Statement of the California Joint Immigration Com- 
mittee (1924) 524 

Q. Declaration Regarding Asiatic Exclusion, by Federal 

Council of Churches of Christ in America (1925) 525 

xiv 



LIST OF CHARTS 

CHART PAGE 

I. Comparative Study of Weights of American-Born 
Japanese Children and Japanese Children in 
Japan 30 

II. Comparative Study of Heights of American-Born 
Japanese Children and Japanese Children in 
Japan 31 

III. Chinese and Japanese Population in the United 

States, 1860-1920, by Decades 33 

IV. Number of Japanese and Chinese Males per One 

Hundred Females in the United States, 1900- 
1920 34 

V. Annual Number of Japanese Births Compared with 
the Annual Number of Japanese Deaths, 1911- 
1923 35 

VI. Age Distribution of the Total Population of Cali- 
fornia Compared with the Chinese and Japanese 
Population of California in 1920 36 

VII. Percentage Distribution of the Total Chinese and 
Japanese Population in the United States and on 
the Pacific Coast, 1860-1920 37 

VIII. Percentage Distribution of 59,000 Japanese in Cen- 
tral and Northern California in March, 1924, by 
Occupation 38 

IX. Percentage of Japanese Fishermen to Total Num- 
ber of Fishermen in Monterev, San Pedro, San 
Diego, 1920-1926 229 

X. Number of Fishermen in Monterey, San Pedro, San 
Diego, by Leading Nativitv and by the Order of 
Their Number in 1926 230 

xv 



xvi RESIDENT ORIENTALS 



( M \!tl PAGE 

XL Percentages of Total Specified California Crops 

Raised by Japanese, 1921 241 

XII. Value of Japanese Farm Products Compared with 
Total California Products in 1909, 1914, 1919, 

1921, 1925 249 

XIII. Percentage of Farm Acreage of Japanese in Cali- 

fornia by Forms of Tenure (1910, 1914, 1920, 

1922, 1925) 256 

XIV. Favorable, Unfavorable, and Neutral Newspaper 

Material Concerning Chinese in America and 
Total News Concerning China Appearing in the 
San Jose Mercury -Her aid, March 1, 1912 — Febru- 
ary 28, 1917, and January 1, 1919 — December 31, 
1923 . . : . 387 

XV. Favorable, Unfavorable, and Neutral Newspaper 
Material Concerning Japanese in America and 
Total News Concerning Japan in the San Jose 
Mercury-Herald, March 1, 1912 — February 28, 
1917, and January 1, 1919— December 31, 1923 388 




CHAPTER I 

GENERAL INTRODUCTION 

This Oriental-American population problem is 
unique. It rests upon two elements; namely, restric- 
tive immigration acts of a special type which are 
aimed at virtual exclusion and the concentration of 
Asiatic peoples on the American western frontier. 
For the Chinese in America, the period covers three- 
quarters of a century; for the Japanese in America, 
practically a third of this time. 

The Far West has sternly fought the coming of 
Oriental peoples to the American mainland. The is- 
sue was clearly stated from the California standpoint 
by Mr. Chester Rowell in 1913: "Injustice has been 
the only American way of meeting a race problem. 
We dealt unjustly by the Indian, and he died. , We 
dealt unjustly with the Negro, and he submits. If 
Japanese ever come in sufficient numbers to consti- 
tute a race problem, we shall deal unjustly with them 
-and they will neither die nor submit. This is the 
bigness of the problem, seen in the telescope of the 
imagination, and is the whole reason for the emo- 
tional intensity of California's agitation over a 
situation whose present practical dimensions are 
relatively insignificant. Calif ornians are vividly con- 
scious of their position as the warders of the Western 
mart .... the possible crisis takes on the significance 
of a new Thermopylae." 1 

This fear and dread has the closest possible con- 
nection w r ith the treatment of resident Orientals. It 
was a recurrence of Professor E. A. Ross's notable 

i Worlds Work, Vol. 26 (June, 1913). 

1 



2 RESIDENT ORIExNTALS 

warning in 1900 of the potential danger in this "last 
asylum of the native-born." Practically every re- 
strictive piece of local legislation, notably the anti- 
alien land laws, is popularly thought of as an 
immigration question. 2 Dr. Edith Abbott, in her 
Immigration: Select Documents and Case Records, 
explains that no documents relating to Asiatic im- 
migration are included, adding "the study of Euro- 
pean immigration should not be complicated for the 
student by confusing it with the very different prob- 
lems of Chinese and Japanese immigration." 3 

Nevertheless, the basic questions raised by this Pa- 
cific Coast immigration are not new; they are distinc- 
tive. That differences do exist between immigrant 
types will be brought out continually throughout the 
report, particularly the varied treatment accorded 
to the two classes — aliens, and aliens-ineligible-to- 
citizenship, for which we may look for certain legal 
and social explanations to physical appearance. 4 
There is ample truth in the following statement, 
which is likewise applicable to the Chinese: "The 
Coast objection to the Japanese is, primarily, no dif- 
ferent from any other 'in-group' objections against 
the 'out-group' anywhere else, except that the physi- 
cal characteristics of the Japanese are so noticeable. 
Consequently the psychological attitude toward them 
can be more concretely 'motivated.' 'Fundamentally, 
prejudice against the Japanese in the United States 
is merely the prejudice which attaches to every alien 

2 An inquiry made by Dr. K. S. Inui in southern California 
showed that 414 out of 714 voters consulted regarding the land 
initiative measure of 1920 thought that it would "help to pro- 
hibit the entrance of the Japanese into this country." K. S. Inui, 
The Unsolved Problem of the Pacific, pp. 87-91. 

3 Preface, ix. 

^ Refer to chapter on "Naturalization"; for certain social as- 
pects see Robert E. Park, "Behind Our Masks," Survey Graphic, 
May, 1926. 






GENERAL INTRODUCTION 3 

and immigrant people,' agrees Dr. Park of the Uni- 
versity of Chicago." 5 

Actually, there are not many Americans who can 
readily distinguish the Japanese from the Chinese. 
There are even fewer of them who are acquainted 
with the representative types of each people. Thus 
in the East, the typical Japanese farmer is unknown; 
in the West, the Chinese gentlemen from China is a 
rarity. This condition in itself is a breeder of count- 
less misunderstandings. Well-informed persons like 
the former Imperial Consul-General at San Fran- 
cisco, Ho Yow, 6 and Dr. Ng Poon Chew, editor of the 
widely-read Chung Sai Yat Po of that same city, are 
not reticent upon this subject. 7 Yet this matter of the 
social class of our Oriental immigrants is almost uni- 
versally brushed aside in public and private discus- 
sions respecting the nature of their treatment in 
foreign lands. 

These natural lines frequently appear to be drawn 
more sharply within races than across them. The 
manifestation of class advantages is conspicuous in 
many sections of America, notably New England, 
Pennsylvania, and the South; but there are different 
standards in the West. 8 Despite the greater oppor- 
tunity for free intercourse on the Pacific slope, there 
is seemingly no more desire for contact between 
foreign-born Oriental students and their racial broth- 
ers living in the same region than is true of distin- 
guished Chinese and Japanese visiting these shores 

5 Inui, op. cit., p. 96. 

6 See his testimony before the United States Industrial Com- 
mission, 1900, and his article in the North American Review, Sep- 
tember, 1901. 

7 Independent, April 7, 1902, p. 59. 

8 Consult James Bryce, American Commonwealth (1907),Vol. II, 
p. 425, and Josiah Royce, Race Problems and Other American 
Problems (1908). 






i RESIDENT ORIENTALS 

and these same nationals. Since in both Orient and 
Occident contacts are along social rather than racial 
or national lines, it is not surprising that returning 
emigrants to Asia are usually regarded as members 
of the same society to which they have always be- 
longed. At the same time there is good reason for 
Chinese and Japanese to be resentful of the per- 
sistent failure of Caucasians to regard them as indi- 
viduals rather than group members, and thus fail to 
differentiate between them. Similarly, the American 
is not always happy to be considered a replica either 
of his own tourist class, his salesmen in many coun- 
tries, or of his Hollywood population, especially 
when so many films have been released abroad be- 
cause they are unfit for domestic consumption. 

"It must be remembered," wrote Mr. S. G. P. Coryn 
of the Argonaut, "that the Chinese temperament is 
wholly unlike that of the Japanese. The Chinaman 
dreads competition with the white mian, and avoids 
it; the Japanese courts it. The Chinaman is entirely 
content to do those kinds of labor that the white man 
shrinks from; the Japanese wishes to meet the white 
man on his own ground, and to oust him from it. The 
Chinaman is willing to be a hewer of wood and a 
drawer of water; the Japanese has no aptitude for 
menial tasks nor any intention of performing them 
except as stepping-stones to his own high ambi- 
tions." 9 

SCANT RELATIONS BETWEEN CHINESE AND JAPANESE 

Contrary to the general rule, the "out-group" Asi- 
atics on American soil have scarcely any relations 
with each other; rather, they parallel the separatist 
experiences of the Christian minorities in the former 

9 The Annals of the American Academy of Political and Social 
Science (September, 1909), pp. 47-48. 



GENERAL INTRODUCTION 5 

Ottoman Empire, one to another. Living near by in a 
foreign land, subject to the same general prejudice 
and similar laws, it is exceptional when one learns of 
any entente between these Orientals. Yet in numerous 
cities and towns they are forced to dwell in the same 
or adjoining districts; they patronize the same res- 
taurants; and they purchase at neighborhood shops. 
Looking to the future, there is the possibility always 
that new, closer relationships may be created based 
upon common grievances. But their jpsychology and 
customs differ widely despite the apparent simi- 
larity of feature and type; 10 they do not understand 
the language of each other, and sometimes, too, they 
are wholly unfamiliar with dialects of their own 
land. 

In the Far West the Chinese and Japanese react on 
each other. Each race believes in its own superi- 
ority. Each resents most of all an implied or actual 
state of inferiority to any other people. Each wishes 
to avoid friction with natives, and above everything 
else to be treated as an equal. The Chinese arrived 
first. "If Japan were as meek as China, there would 
not have been so much difficulty on the Pacific Coast. 
But the Japanese are unlike the Chinese and would 
not be contented to be placed in the same inferior 
position." 11 "The prejudice against the Mongolian 
race iji this country is still very strong. It has become 
even stronger of late on account of the Japanese 
question." 12 

China protests when Japan receives greater privi- 
leges at the hands of America. Japan objects when 
the opposite is true. But they do not take a joint 

10 See article on "Japan" in the Encyclopaedia Brittanica, by 
Baron D. Kikuchi, president of the Kyoto University. 

11 Inui, op. eh., p. 47. 

12 J. S. Tow, Secretary of the Chinese Consulate-General, The 
Real Chinese in America (New York, 1923), p. 149. 



6 RESIDENT ORIENTALS 

stand. In immigration matters, separate legislation 
still governs. In the treatment of residents, practi- 
cally the same legal regulations exist. It was the wish 
to avoid the possibility of an exclusion act, similar to 
that applied' to the Chinese, that caused Japan to ne- 
gotiate the Gentlemen's Agreement in 1907, and later 
to evade the same issue by omitting any reference to 
agricultural lands in the Japanese-American Treaty 
of 1911, with the result that the California Alien Land 
Law and other restrictions upon her nationals be- 
came possible. America's foreign policy in the Pa- 
cific area recognizes both China and Japan. 

On the Pacific Coast, the Chinese and the Japa- 
nese have more intimate private and official relations 
with Americans than with each other. 

SIGNIFICANCE OF THE QUESTION 

Thus the resident Oriental presents cogent popu- 
lation problems of immigration and accommodation 
which appear of far more than local importance, but 
there has been a tremendous difference in the man- 
ner and vigor with which these questions have been 
handled by the three governments. 

The Peking Foreign Office has regularly protested 
acts of injustice and violence but without taking a 
strong stand. The lack of a national unifying force at 
home in the nineteenth century, together with the rec- 
ognized individualistic philosophy of China, rendered 
her diplomatic negotiations less effective. The pa- 
tience of China and the Chinese from the days of '49 
until the close of the century — the unsavory period 
in the relations between the countries — was remark- 
able. While affirming that the exclusion policy is a 
substantial cause for dissatisfaction, Mr. Wu Ting 
Fang states that "Now and then troublesome ques- 
tions have arisen, but they have always been settled 




GENERAL INTRODUCTION 7 

amicably." 13 Future Chinese-American associations 
may tell another story of sterner diplomatic negotia- 
tions, in view of the development of Chinese nation- 
alism during the past decade and a half with its 
focusing upon affairs of international concern. For 
the past two decades, very few complaints of Chinese 
origin have appeared in English regarding treatment 
of Orientals already in America. 

Tokyo has pursued radically different tactics. 
Nearly every alleged affront has been made the sub- 
ject of prolonged negotiations with Washington. 
Professor H. A. Millis writes: 

Not the least factor in begetting opposition to the Japa- 
nese is to be found in the attitude of the Japanese govern- 
ment toward its immigrants, and the solicitude of their 
semi-public organizations for the welfare of the members 
of their race on American soil. Without implying that it is 
objectionable or the contrary, it is true that the Japanese 
government has evinced an unusual interest in the where- 
abouts and activities of its subjects. The emigration com- 
panies developed out of it; emigrants have been treated, it 
would appear, almost as colonists. Certain obligations were 
laid upon the emigration companies to care .for those emi- 
grating through them, and, under certain circumstances, to 
provide for their return to the native land. Appeals to the 
government at home have been frequent and the response 
has been quickly made. The closeness of the relation be- 
tween the government and its subjects and the solicitude of 
the one for the rights and welfare of the other have been 
important in explaining the situation which has developed* 
in the West. Solicitude in Japan has begotten some of the 
hostility in America. 14 

The wisdom of this persistent appeal to govern- 
ment support is thus commented upon by Dr. Masao 
Kobe, of the Kyoto Imperial University: 

!3 Wu Ting Fang, America through the Spectacles of an Ori- 
ental Diplomat (New York, 1914), pp. 40-41. 

I* H. A. Millis, The Japanese Problem in the United States 
(1920), pp. 248-249. 



8 RESIDENT ORIENTALS 

If we let the California anti-Japanese movement stand 
where it is now, it simply means increasing injury to the 

dignity of our country If our government could not see 

the anti-alien land law nullified and naturalization rights 
affirmed by the American people, if there were any signs of 
weakness in diplomatic negotiations with the United States, 
China might begin to mock us and the Koreans might become 
disobedient to the Japanese administration. The position of 
Japan, then, is worse than the defeated nation in a big war. 
As Japan stands now, she is a badly whipped nation by the 
Americans, and the American jingoes tell us that the Ameri- 
cans would, if war started between the two countries, in the 
end whip Japan. But they have already whipped us. Japan 
therefore neither loses nor gains, whether she went to war 
with United States and got whipped just as the American 
jingoes predicted. So she might just as well go to war. Of 
course we do not like war, but do the Americans know what 
they are doing against us? 

If the Japanese have less human rights in any shape or 
form, and have to enjoy less life and property than any 
first-class power in the world, Japan loses her prestige in 
Asia, which position corresponds to complete defeat after 
she dared to go to war. 15 

The words of Mr. Chester Rowell have already 
been cited. An American-educated Japanese who has 
a keen understanding of Japanese-American rela- 
tionships, however, regards the question as of scant 
practical importance : "The so-called Japanese prob- 
lem in the United States is of no great importance in 
itself. There are no such vital interests to consider 
involved therein as to justify any strained relation 
between the two countries. It is essentiallv a local 
question .... yet its actual importance is great." 16 

To pass judgment upon the character of this na- 
tional alien issue no man is better qualified by tem- 
perament and experience than the Secretary of War, 
1904-1908, and President of the United States, 1908- 

15 New York Japan Review, September, 1913, p. 163, quoted in 
Millis, op. cit. 

is T. Iyenaga, The Review of Nations, February, 1927, p. 84. 




GENERAL INTRODUCTION 9 

1912, William Howard Taft, who introduces his dis- 
cussion of "The Treaty Rights of Aliens," with this 
emphasis : 

Intone of my visits to Japan as Secretary of War, I had 
the pleasure of meeting and talking with Count Hayashi, one 
of the great statesmen and diplomats of that wonderful em- 
pire, and recently deceased. We were discussing very freely 
the relations between Japan and the United States, and he 
said that he felt confident that I was right in saying that 
the United States had no desire for a war with Japan but, 
on the contrary, wished to avoid it by every honorable 
means. He expressed the hope that I credited his statement 
that the empire of Japan and those responsible for its gov- 
ernment were equally anxious to make the peace between the 
two countries permanent and abiding. "But," said he, "my 
people have grown much in international stature. They have 
won successes, civil and military. They have a deep love of 
their country and of their fellow-countrymen, and perhaps 
they have what you call /patriotic self-conceit.' However this 
may be, their sensitiveness as a nation has increased, and it 
makes them deeply resent an injustice or an invidious dis- 
crimination against them in a foreign country by foreign 
people. The only possible danger of a breach between our 
two nations that I can imagine would be one growing out of 
the mistreatment of our people, living under the promised 
protection of the United States, through the lawless violence 
of a mob directed against them as Japanese." 17 

Theodore Roosevelt, Elihu Root, and Woodrow 
Wilson are other leaders in American statecraft who 
have been likewise emphatic regarding the impor- 
tance of this matter. 

An understanding of the entire question requires, 
at the same time, that we learn more concretely re- 
garding the types of the Chinese and Japanese im- 
migrants. 

SOURCE OF CHINESE IMMIGRANTS 

The causes of emigration from China, summarized 
by Mr. T. Chen in an American government report, 
are these: 

17 International Conciliation, No. 116 (July, 1917). 




10 RESIDENT ORIENTALS 

Driving forces. — (a) The pressure of population weighs 
heavily on the side of emigration. Although reliable statis- 
tical data on China's population are lacking, it seems rea- 
sonably clear that the population has been outstripping the 
food supply and forcing a vast number of people out of the 
country. The official estimates of Chinese population be- 
tween 1749 and 1920 can be considered only rough indica- 
tions of the actual conditions during these years. In fact, 
the data now available warrant nothing more than a state- 
ment of the obvious limitations of these figures and the 
making of very -general observations based upon them. 

b) In addition, it appears desirable to survey briefly 
the situation in the four provinces from which most of the 
emigrants included in this study were drawn. Between the 
fourteenth and seventeenth centuries, when the outflow of 
emigrants from the provinces was continuous and active, the 
operation of the positive checks to population, such as 
droughts and famines, were frequent. 

.... It was natural, therefore, that the young and 
adventurous people in these provinces should leave their 
poverty-stricken homes to seek better opportunities in coun- 
tries beyond the seas. 

Environmental forces. — All of the four provinces have 
easy access to the sea and have excellent seaports, as Tient- 
sin and Chinwangtao in Chihli; Ghefoo, Tsingtau, and Wei- 
haiw r ei in Shantung; Amoy and Foochow in Fukien; and 
Swatow, Canton, Hainan, and Hongkong in Kwangtung. 
Therefore geographical conditions are conducive to emigra- 
tion. People living near these ports naturally have better 
opportunities of going abroad than their compatriots in the 
interior. 

Psychic forces. — These emigrants have generally been 
energetic men, with a romantic craving for adventure. Ro- 
bust and healthy, the "raw material" of the farms and fishing 
boats welcome change of habitation, so that they may see 
new things and live new lives. Vitality and perseverance 
push them on. 

In addition, their business acumen, coupled with grit and 
gumption, contributes to make their wanderings successful. 
The heritage of Chinese society, so far as they are able to 
appreciate, evaluate, and assimilate it, has made them help- 
ful members in new communities as tradesmen and in other 
positions. 



GENERAL INTRODUCTION 11 

Then, too, it should not be overlooked that the Chinese 
as colonizers are unusually successful in acclimatization. 
They generally thrive in tropical as well as temperate climes. 

Controlling forces. — Besides the biological and social 
traits of the Chinese, which are here called psychic forces, 
and the environmental influences which induce them to 
emigrate, the attractions which control the direction taken 
by the movement of emigration should be considered. The 
most obvious of these is the question of wages. The Chinese 
abroad invariably receive higher wages than their brethren 
in the same occupations at home, although the fact should be 
borne in mind that the Chinese at home have a compara- 
tively lower cost of living and are able to get along with 
lower wages. 18 

The particular attraction of California is described 
by the leading American writer on the subject: 

The state of California, which contained three-fourths of 
the Chinese immigrants until after the exclusion law was 
passed, was settled by men drawn by the lure of gold, by 
adventurers and speculators of every class and nationality — 
industrial gamblers, in fact — who had no intention of earn- 
ing a living there as laborers or domestics. They came to 
make no less than a fortune; and if they were driven to 
common tasks temporarily when their luck failed in mining 
om^TTi the scarcely less hazardous business of provisioning 
camps and importing merchandise, they resented it and con- 
stituted, therefore, an exceptionally discontented and un- 
stable laboring class. For almost a generation the stratum 
of society, which in any long-settled community is filled by 
those who cook, clean, wash, and sew, by those who perform 
the heavy, drudging labor fundamental to industrial devel- 
opment, was all but lacking. There were almost no women 
or youth who would work even at exorbitant wages, and 
until the Kearney period no considerable supply of common 
laborers. At times the vacuum was partially filled by those 
newly arrived or down on their luck, but all of them would 
desert at the news of a new gold-strike or at the chance of 
any sort of promising speculation. 

The Chinese laborers, therefore, coming almost exclu- 



* 



1 s Ta Chen, Chinese Migrations, with Special Reference to La- 
bor Conditions, United States Bureau of Labor Statistics, Bulletin 
No. 340 (1923), pp. 5-11. 



12 RESIDENT ORIENTALS 

sivcly from the free agricultural peasantry of Kwang Tung 
;ui(i Fukien, were welcome, and, being more enticed by the 
tales of high wages than by the golden adventure, fitted 
naturally into the labor vacuum left by men of more adven- 
turous disposition. They became — what they still remain for 
the most part — gap-fillers — assuming the menial, petty, and 
laborious work w r hich white men w r ould not do and for 
which their experience and their native characteristics espe- 
cially prepared them. 10 

It should be added that these industrious workers 
rendered a valuable service to the West, also by re- 
claiming swamp lands, by providing labor for con- 
structing transcontinental railroads, by building 
roads, and by promoting agriculture and industry. 
The Coast needed this type of labor for its economic 
development. The results thereof, however, are au- 
thoritatively described by the Secretary of the Chi- 
nese Consulate-General at New York, Mr. J. S. Tow : 

It is unfortunate that the Chinese who first came to the 
United States were of the laboring class. It is more unfor- 
tunate that the first influx was in large numbers. This class 
of people have made a very unfavorable impression upon 
the American public toward the Chinese people; they caused 
great friction for many years between this country and 
China; and they created misunderstandings between the 
two peoples. Although they have been excluded, the ill 
effects of their presence still remain. Even today, the gen- 
eral American public would not readily recognize a Chinese 
gentleman. He is usually taken for a Japanese, as he is well 
dressed and has a good appearance. 

The earlier class of Chinese immigrants has been respon- 
sible for the ill treatment of the Chinese in this country. The 
merchants, students, and others who have treaty rights to 
enter the United States still have to bear hardships which 
they would not have to bear if that earlier class of their 
countrymen had not come. 20 

!9 Mary Roberts Coolidge, "Chinese Labor Competition on the 
Pacific Coast," The Annals of the American Academy of Political 
and Social Science, Vol. XXXIV, No. 2 (September, 1909), pp. 120- 
121. 

The Real Chinese in America, p. 27. 



GENERAL INTRODUCTION 13 

A Cantonese, after residence in San Francisco and 
New York for eighteen years, Mr. Sunyowe Pang, 
made this comment on his countrymen, 1902: 

The Chinaman in America, as a social entity, is almost 
entirely unknown. He is an alien, whether Christian or 
"heathen." He is shy and self-contained, and a mystery to 
the great majority of Americans, who have little sympathy 
with him. He does not assimilate readily with other people. 

The greatest barrier to the complete Americanization of 
the Chinese is the fact that they cannot become citizens; 
next is the air of mystery that has been thrown about them. 
. . . . The fact is that the Chinese are as little understood by 
the Americans as are the Americans by the Chinese. The 
result is an unfortunate suspicion on both sides. 21 

SOURCE OF JAPANESE IMMIGRATION 

The Japanese came to the United States likewise 
to better their economic situation, taking advantage 
of the Chinese Exclusion Act of 1882. Also at the be- 
hest of capitalists and emigration companies they 
came in large numbers, starting somewhat over a 
quarter of century ago. There was great similarity 
in these successive migrations since there was the 
same natural movement, largely of peasants, from 
over-crowded countries with a low standard of liv- 
ing and a high birth-rate to a country of a high 
standard of living and a low birth-rate which con- 
sisted, moreover, of a vast territorv of marvelous 
fertility and a salubrious climate, which was enjoyed 
by a predominately male population little interested 
in hand labor, in industry, or agriculture. Unlike 
most American immigrants, both Chinese and Japa- 
nese continued the land occupations of their native 
countries; they engaged in unskilled work of every 

21 Sunyowe Pang, "The Chinese in America," in The Forum, 
January, 1902, p. 598. 



1 I RESIDENT ORIENTALS 

description; they soon were conspicuous in the pro- 
duction of many leading agricultural products. 

The source of the Japanese appears in the follow- 
ing analysis, prepared through the joint efforts of 
Mr. Takimoto, Secretary of the Japanese Association 
of America, and Mr. Tsutomu Obana, a young Japa- 
nese specialist in agricultural economics, June, 1927: 

It is safe to say that 90 per cent of the Japanese in Cali- 
fornia came from the peasant class in Southern Japan, less 
than 5 per cent belonged to the urban groups (merchant 
class), and the remainder came from various groups in dif- 
ferent parts of Japan. The percentage and characteristic 
occupations by sections are: Hiroshima, 45 per cent (farm- 
ers) ; Kumamoto, 25 per cent (farmers) ; Wakayama, 15 per 
cent (fishermen, farmers) ; Yamaguchi, 4 per cent (farmers) ; 
Okayama, 3 per cent (farmers) ; Kochi, 3 per cent (farmers) ; 
Aichi, 2 per cent (farmers, merchants) ; others, 3 per cent 
(merchants, farmers). 

Generally speaking, the majority of the peasant class 
mentioned above could not be considered as thoughtful farm 
folks; most of them have not sufficient education to enable 
them to become assimilated into the American social system. 
Those of the second group, as well as the others, came to 
this country in pursuit of fortune, in possession of little 
more than their bodies, literally speaking. 

The Japanese who came to America directly from Japan 
were generally of good character, but these only represented 
approximately 2(r per cent of the total; the other 80 per cent 
— the peasant class — came from Hawaii, where they w r orked 
upon sugar plantations and lived monotonous lives exposed 
to the wilderness. As certain classes of Japanese migrated 
to the United States in quest of fortune, large numbers of the 
peasant class left the sugar plantations and followed them, 
the majority of whom entered into contract labor in Cali- 
fornia and Utah upon arriving in America. Thus the number 
of Japanese in California multiplied until, finally, antagonis- 
tic feeling against them arose in California and resulted in 
their becoming barred from the country. 

Thus, practically 80 per cent of the Japanese born 
in America have parents who came from Hawaii, the 






GENERAL INTRODUCTION 15 

other 20 per cent, from Japan directly. The differ- 
ences in heredity are often noticeable in the children. 
Because of their preponderance, the Japanese who 
have migrated from the Hawaiian sugar plantations 
to the mainland are the point d'appui which the 
Coast residents have for their knowledge of the Nip- 
ponese. 

The Japanese in California are better known to 
the local residents than the Chinese because they are 
both more progressive and more sociable; yet the 
foregoing comment on the class of Chinese applies 
in general to them. "Students, business men, and 
travelers are representatives of the best Japanese 
types," writes Professor P. J. Treat; "they have no 
difficulty in meeting and associating with Americans 
of their class. It is unfortunate that the average Cali- 
fornian knows of Japan only through dealings with 
laborers who entered the state before the passport 
agreement was in force." 22 While hundreds of Chi- 
nese and of Japanese in America are of the highest or 
the middle classes, they are the exception here. 

The Great Northern Daily News, Seattle, makes 
this diagnosis of the Japanese-American immigrants: 

Our Japanese society here in America is composed of 
three classes of immigrants. 

To the first class belongs the man who has come to make 
money and has no intention of staying here longer than nec- 
essary. He will save, invest in land, and build his house at 
home, become a money-lender in his native village. He 
wants four or five thousand dollars more, then — good-by, 
America. 

To the second class belongs he who does not know and 
does not care w T hether he will go home or stay here. His 
present concern is to pursue his work with a single heart. 
Time will bring him the opportunity to return to Japan, or a 
happy and profitable occupation to keep him permanently 
in America. 

22 Japan and the United States, p. 264. 



16 RESIDENT ORIENTALS 

To the third class belongs he who is determined to settle 
here permanently. His home is whatever place is comfort- 
able to live in. His children are born here, his business 
urows, and his money is tied up with it. Once he made a 
visit to his homeland and discovered that it is not so at- 
tractive as it had seemed to him. His old friends had become 
estranged, and he found little pleasure in talking with them. 
Hut he met on the train a stranger who, like him, had come 
back from America, and what a happy time he had chatting 
so heartily with him! Then and there he made up his mind 
to return to America as a permanent settler. 

The man of the first class is a mere fortune-seeker of the 
lowest type, and is usually found to be one who had first 
come to Hawaii in the care of some immigration company, 
crossing to the American continent afterward. And when he 
returns to Japan, his money will quickly be squandered, 
and he will return to America to start all over again, perhaps 
this time as a permanent resident. 

The man of the second group will have children, enter a 
business, and visit Japan, and will finally transfer himself 
to the third class. 

And this third class is the only class worthy to inherit 
the earth. 2 3 

THE CALIFORNIA ENVIRONMENT 

The frontier to which the Chinese came has domi- 
nated California's entire American period. The min- 
ing communities not only laid the beginnings of an 
articulate economic and social life, but also intro- 
duced a strong influence upon the development of 
California jurisprudence even to this day. 24 And who 
is better qualified to describe conditions than Mark 
Twain in Roughing It? 

It was a driving, vigorous, restless population in those 
days. It was a curious population. It was the only population 
of the kind that the world has ever seen gathered together, 
and it is not likely that the world will ever see its like again. 

23 Robert E. Park, The Immigrant Press and Its Control (New 
York, 1922), p. 156. 

24 For details, consult O. K. McMurray, Nature and Science on 
the Pacific Coast, pp. 267-275. 






GENERAL INTRODUCTION 17 

For, observe, it was an assemblage of two hundred thousand 
young men — not simpering, dainty, kid-gloved weaklings, 
but stalwart, muscular, dauntless young braves, brimful of 
push and energy, and royally endowed with every attribute 
that goes to make up a peerless and magnificent manhood — 
the very pick and choice of the world's glorious ones. No 
women, no children, no gray and stooping veterans, none 
but erect, bright-eyed, quick-moving, strong-handed young 
giants, the strangest population, the finest population, the 
most gallant host that ever trooped down the startled soli- 
tudes of an unpeopled land. 

The psychology of California is pictured from 
interesting angles, too, by an adopted son, Dr. David 
Starr Jordan : 

California is emphatically one of "earth's male lands," 
to accept Rrowning's classification. The first Saxon settlers 
were men, and in their rude civilization women had little 
part. For years women in California were objects of curi- 
osity or of chivalry, disturbing rather than cementing influ- 
ences in society. Even yet California is essentially a man's 
state. It is common to say that public opinion does not 
exist there; but such a statement is not wholly correct. It 
does exist, but it is an out-of-door public opinion — a man's 
view of men. There is, for example, a strong public opinion 
against hypocrisy in California, as more than one clerical 
renegade has found, to his discomfiture. The pretense to 
virtue is the one vice that is not forgiven. 25 

and by a native son who went East, Professor Josiah 
Royce : 

Individuality, when brought into the presence of such 
social agitations, has frequently proved in California life a 
conservative factor of great importance. The mob may be 
swept away for a time by an agitating idea. But the indi- 
vidual Californian himself is suspicious of mobs. The agi- 
tations in question proved transient. Even the constitution, 
designed to give the discontented whatever they most sup- 
posed they wanted, proved to be susceptible of a very con- 
servative construction by the courts, and public opinion in 
California has never been very long under the sway of any 

25 Reprinted in California and the Calif ornians, by David 
Starr Jordan (San Francisco, 1907), pp. 25-26. 



1<S RESIDENT ORIENTALS 

one illusion. The individuality that we have described 
quickly revolts against its false prophets. In party politics, 
California proves to be an extremely doubtful state. Party 
ties are not close. The vote changes from election to elec- 
tion. The independent voter is well in place. Finally, 
through all these tendencies, there runs a certain idealism, 
often more or less unconscious. This idealism is partly due 
to the memory of the romance due to the unique marvels 
of the early days. 26 

California is American, thoroughly American, 
whose population heritage should be cited in order 
to help us appreciate the environmental influences. 
To quote Mr. Justice A. G. Burnett of the District 
Court of Appeals of California: 

The people who for sixty years have been building for 
themselves on the Pacific slope have in their veins, as have 
their kin in the East from whom they parted, the blood of 
the Puritan and the Cavalier, intermingled by the infusion 
from European countries. The short space of time during 
which they have lived apart and the few miles which sepa- 
rate them from each other have not caused them to become 
strangers. The pioneers of the West carried thither, and 
their descendants have inherited, the traditions, the laws, 
the customs, the ideals of their ancestors on the Atlantic. 
If, then, there is a difference of opinion or a misunderstand- 
ing between the people of the East and those of the West 
on the subject of Oriental immigration to the United States, 
it must be due solely to environment. 27 

'The most important feature of the American 
commonwealth consists in the intimate mixture in 
its society of exceedingly diverse races," was ob- 
served by Nathaniel Southgate Shaler. 28 "Other 
states have had a like variety of men within their 
bounds, but in those instances the various peoples 

26 Josiah Royce, Race Questions and Other American Prob- 
lems (New York, 1908), pp. 222-225. 

27 The Annals of the American Academy of Political and 
Social Science y September, 1909. 

2 * N. S. Shaler, The Neighbor (Boston, 1904), pp. 326-327. 




GENERAL INTRODUCTION 19 

have been geographically segregated so that the in- 
teraction has been between masses of folk, each keep- 
ing something like a tribal isolation. Where, as in 
certain of the European states, they were blended 
in a common life, the various kinds have, with rare 
exceptions, been of the same race. In those instances 
where by chance of conquest diverse stocks have been 
brought into contact, as with the Moors in Spain and 
the Jews in many fields, there has been continuous 
trouble, generally resulting in the expulsion of the 
weaker folk. It is, in a word, evident that in this 
country we are, at the price of our national life, to 
accomplish the task, which historically seems impos- 
sible, of merging all these discrepant elements in a 
close-kit society. The question is, how can it be done ?" 
When to this complexity is added a dark skin in 
an American frontier community vaguely reminis- 
cent of Shaler's familiar Southern Appalachian 
Mountains, the excesses of the last century and the 
acts of the twentieth are not to be excused, vet thev 
should become more intelligible. 

COLOR PREJUDICE 

Calif ornians have inherited a distinct color preju- 
dice from the early conquerors, who found the 
territory peopled with dark-skinned Indians and 
Spaniards. This feeling is not nearly so strong in 
the Pacific Northwest, where there is less imprint 
from other than white races. Mrs. Mary Roberts 
Coolidge writes on April 15, 1927: 

To a minor degree the prejudice against Indians passed 
over to the Chinese. At the period (1848 ff.) there was a 
strong feeling against Indians because of the experiences of 
the emigrants crossing the Plains. But the Indians in Cali- 
fornia were already degenerating when the immigrants 
arrived and retired before the mining and other men taking 
up lands, without much resistance. They were almost uni- 



20 RESIDENT ORIENTALS 

versally referred to as "Diggers" and looked upon as wholly 
inferior. Rut in my opinion they got out of the way so early 
that the prejudice against them would not of itself have 
Instigated the strong feeling that grew up in the 'fifties and 
'sixties against the Chinese. As to Southerners: in my mind, 
the chief cause of the origin of anti-Chinese feeling was in 
the political control which certain Southern Democrats 
gained over California. I have not time to look up the 
figures, but my memory is that California voted Democratic 
in national and gubernatorial elections almost continuously 
from 1852 to 1875. At least one-third, perhaps more, of the 
early California settlers were Southerners — many brought 
their negro servants with them — and formed an aristocracy 
in San Francisco, whose attitude was inevitably anti-color. 



The Hindus or Sikhs coming to California during 
the early twentieth century were low-caste agricul- 
tural workers of British citizenry. The extensive re- 
port of the State Board of Control, of California, 
1920, gives them the lowest rating of all local Oriental 
peoples. 29 

Other dark-skinned peoples include a few hundred 
Koreans, Filipinos, some of the Portuguese from Ha- 
waii, and many of our neighbors across the southern 
border (in this connection it is worth noting that 
within the lifetime of our elder statesman, Elihu 
Root, Mexico was in possession of the American 
Southwest) . 

The dark-skinned peoples are probably super- 
sensitive regarding this question of color, since an- 
thropologists, ethnologists, sociologists, economists, 
and others attach no stigma to this special character- 
istic. The scientific evidence on this point is consider- 
able. Furthermore, in that all-important Ozawa case, 
which established the Japanese as belonging to other 
than the white race, Mr. Justice Sutherland of the 
United States Supreme Court, a Westerner, stated: 

29 California and the Oriental, Report of State Board of Con- 
trol of California (1920), pp. 115-116. 



GENERAL INTRODUCTION 21 

We have been furnished with elaborate briefs in which 
the meaning of the words "white person" is discussed with 
ability and at length, both from the standpoint of judicial 
decision and from that of the science of ethnology. It does 
not seem to us necessary, however, to follow counsel in their 
extensive researches in these fields. It is sufficient to note 
that these decisions are, in substance, to the effect that the 
words import a racial and not an individual test, and with 
this conclusion, fortified as it is by reason and authority, we 
entirely agree. Manifestly the test afforded by the mere 
color of the skin of each individual is impracticable as that 
differs greatly among persons of the same race, even among 
Anglo-Saxons, ranging by imperceptible gradations from the 
fair blonde to the swarthy brunette, the latter being darker 
than many of the lighter-hued persons of the brown or 
yellow races. Hence, to adopt the color test alone would 
result in a confused overlapping of races and a gradual 
merging of one into the other, without any practical line of 
separation. 30 

That the popular and legal interpretations of this 
factor do not agree, however, is given general cre- 
dence. Dr. Rav Lyman Wilbur thus expressed him- 
self in 1920: 

The present anti-Japanese sentiment seems to me to be 
fairly universal among all classes of citizens (except per- 
haps among those who might be called the strictly intellec- 
tual groups) in California, Washington, and Oregon. There 
has been a spread of this sentiment throughout the United 
States, largely owing its origin to California and to the fact 
that the redistribution of the colored race into the northern 
states due to war activities has brought before all thinking 
citizens the fear of adding another race problem to the al- 
most insoluble one now faced by the United States. As long 
as the colored residents were confined largely to the South 
where they were understood and where a social system has 
been adopted by common consent that kept things on an 
even basis, this question was not a pressing one. The race 
riots in Chicago, Chester, Pennsylvania, and other places 
are due to this redistribution and have had, in my opinion, 
a considerable effect. 

so Documental History of Law Cases Affecting Japanese in the 
United States, 1916-1924, Vol. I, p. 119. 



22 RESIDENT ORIENTALS 

That color implies inferiority is denied in the 
famous O/awa case. Mr. Chester Rowell goes so far 
as to make a general statement that "the bitterest 
anti-Japanese agitator in California has never once 
suggested that they [the Japanese] are an inferior 
race. They are of a different and physically unas- 
similable race; that is all." 31 Opinions differ on this 
point, but we surely know how that the rabid charges 
of Calif ornians a half-century ago against the Chi- 
nese are historical curiosities as applied to the peo- 
ples of Eastern Asia. 

PREJUDICE AGAINST FOREIGNERS 

To cast much of the blame for the early treatment 
of the Chinese in America on the foreign element is 
not an attempt to explain away the doings of Ameri- 
can pioneers, for the times were hard and rough. 
Starting with the American period, the prejudice 
against foreigners was keen and widespread; in the 
first session of the legislature the harsh tax law 
against foreign miners was passed. The influence of 
non-Asiatic aliens in California has always been pro- 
nounced, notably that of the Irish agitators, although 
the foremost writer on California labor legislation 
discounts this general belief in these words : 

As one goes more carefully into the actual history of this 
important section of the American labor movement, its thor- 
oughly democratic character becomes evident. The claim 
that these activities have been the product of the agitations 
of discontented, foreign — mostly Irish — demagogues is ut- 
terly superficial, and entirely unsupported by the facts of 

history It is hard to decide who among the early 

inhabitants of San Francisco were most entitled to be called 
foreigners. The newly arrived Americans from the other 
side of the continent no doubt felt that the native-born Span- 
iards or Mexicans were foreigners. The great rush for the 
gold fields brought people from every nation. The leader- 

31 World's Work, Vol. 26 (June, 1913), p. 199. ' 






GENERAL INTRODUCTION 23 

ship of the labor rAovement has been, like that of other 
activities of the state, quite cosmopolitan. Among those who 
have been most influential we find native-born Americans, 
Englishmen, Scotchmen, Germans, Norwegians, and last, but 
by no means most important, the Irish. 32 

Consul-General Ho Yow, Imperial Chinese Consul- 
General, wrote in 1901 : 

No American wishes to do menial drudgery, and it is in 
commendation of his character that he spurns this kind of 
service. The people who wanted, or pretended to want, to 
do Chinese labor were not Americans, but European for- 
eigners, persons who had but recently parted with condi- 
tions in their native countries not better than those which 
the Chinaman had left in his, and who no sooner reached 
America than they joined in the clamor againjst extending 
the peoples of the Pacific that free access to the country 
which they themselves had just enjoyed upon the Atlantic. 33 

The late Mr. D. Matsumi, president of the United 
North American Japanese Associations and a promi- 
inent substantial businessman of Seattle, has ex- 
pressed himself to the effect that the Americans who 
object to the Japanese are largely those of the leisure 
and semi-leisure class, and that white aliens are 
more antagonistic than American-born to the local 
Japanese population. 

Other manifestations have been the action of the 
German-American League of San Francisco, in 1906, 
in passing a resolution hostile to the local Japanese, 
and the biennial land bills introduced in the Cali- 
fornia legislature directed at either the Japanese or 
the alien interests (chiefly British corporations), the 
background of the first anti-alien land law in the 
state. 

From later evidence it has been determined that 

32 Lucile Eaves, A History of California Labor Legislation 
(Berkeley, 1910), pp. 439-440. * 

33 Ho Yow, "Chinese Exclusion, A Benefit or a Harm?" North 
American Review (1901), Vol. 173, pp. 326-327. 



21 RESIDENT ORIENTALS 

"the so-called white labor in California is, to a large 
extent, made up of alien peoples, notably Italians, 
Portuguese, Swiss, Scandinavians, and Armenians. 
The real economic competition in agriculture is not 
so much between the descendants of the white pio- 
neers and the Orientals as it is between the later 
European immigrants and the Orientals." 34 

EFFECT OF ENVIRONMENT UPON RESIDENT ORIENTALS 

* 

No scientific analysis of the problem of the Asiatic 
in America is possible without a careful differentia- 
tion among the following four classes; namely, the 
Chinese who have been here only a few years; simi- 
larly, the Japanese; the Chinese, both foreign- and 
American-born, who have been here for a consider- 
able period of time; likewise, the Japanese who have 
been also subjected to contact with American ideas 
and institutions. Questions of assimilation, political 
loyalty, individual co-operation, and qualities for 
citizenship are among the many vexed problems 
which arise; and on their manifestations it is both 
difficult and hazardous to make universal judgment 
or generalized statement. 

The older generations are largely taking care of 
themselves. America's problem and responsibility is 
with the succeeding generations, practically all of 
whom are by our constitution compelled to be Ameri- 
can citizens, a vast percentage of whom regard the 
homeland of their fathers and mothers as a truly 
foreign land, and, in the cas£ of the Japanese par- 
ticularly, only a small number of whom can speak 
and read the language of their parents. On account 
of these young people who are of our country, yet 
actually without a country when they are treated as 

34 Tentative Findings of the Survey of Race Relations, pre- 
sented at Stanford University, California, March 21-26, 1925, p. 14. 






I 



GENERAL INTRODUCTION 25 

strangers or worse, intelligent Americans must sooner 
or later apply both brains and industry to a question 
which is not less local than national, nor less national 
than international. 

The story is told, and a not exceptional one, of a 
Japanese Boy Scout who stood with many children 
watching a parade. As the flag passed, a man stand- 
ing beside the boy failed to remove his hat. Touching 
the man, the boy said: "Sir, the flag is passing." An- 
other man standing near, wishing to show his ap- 
proval of the boy's act, offered him a piece of money. 
"No," said the lad, "I cannot take your money, I am a 
Boy Scout." 

Probably the most common false belief is that the 
environment of America has no appreciable influence 
on the Asiatic, a notion which is contrary to the 
widely accepted belief in the case of all other races. 
To quote Lafcadio Hearn with reference to the un- 
changeable characteristics of Japanese, when applied 
to Japanese in America, is decidedly misleading, for 
he was describing Japanese in Japan. How an 
American-born Japanese who is attending American 
schools, movies, and sporting events, who has Ameri- 
can friends, and knows only a few common words of 
Japanese can be a supreme worshiper of Nipponese 
culture and ideals is a mystery. Of course there are 
Japanese who are rebellious at some of their expe- 
riences in "the land of the free and the home of the 
brave," very many of them are wondering whether 
they can find positions<fvhen they are older or if they 
may be denaturalized, and many of them are sympa- 
thetic with the beliefs of their parents who usually 
speak English poorly, if at all; but the momentous 
feature is the customary gulf between the first and 
second generation in America, greatly intensified in 
the case of the Orientals here often because of the 



26 RESIDENT ORIENTALS 

father's occupation, the greatly preferred use of Eng- 
lish by the children, and the vast differences not only 
between the customs of East and West but also be- 
tween conditions before 1900 and now. 

A splendid type of American-born Chinese wom- 
anhood, a native daughter of California, says: 

There are two kinds of girls in Chinatown,, the old- 
fashioned Chinese girl and the modern Chinese girl. A man 
who wants a real Chinese wife marries the old-fashioned' 
girl, who can keep house, will be willing to stay at home, and 
who will not spend too much on paint and clothes. The 
modern young man, on the other hand, wants an educated 
girl. 

When a man comes to call at my home, my father would 
never introduce me. No girl would be important enough to 
be introduced unless she were a nationally known figure. 
But if my mother or I wish to recognize that the man is 
there, we may bow or preferably bring him a cup of tea. 
When I go out in the social world, e.g., to some church 
affair, there are many people who stand around the room 
and look at me, and though they know me they do not ap- 
proach. Women as well as men. Only if people know each 
other very well do they speak, and this matter of intro- 
ducing yourself is almost unknown among the Chinese. Even 
when people have been introduced they are perfectly free 
to forget the fact if they wish to in case they meet again. A 
Chinese would never see anyone the second time, unless he 
was very sure that this person wished to be friends. 

I suppose the young people in China are more modern 
than here, at least in the cities, so I am told, but they think 
this place is even freer. They have always heard it was. 
One girl quite amazed us. She arrived from China on a 
Thursday, and on Sunday she came to church with two 
young men. No one knows where she met them. We remon- 
strated with her, but she told us : "Oh, that 's all right over 
here; it is only you who are old-fashioned." And she con- 
tinued to carry on that way until after a year or two her 
father in China heard of it and threatened to make her an 
outcast from the family if she did not obey the advice of 
her superiors while she was in San Francisco. 

For many years I struggled between the two different 
ways of doing things, the way my parents brought me up 






GENERAL INTRODUCTION 27 

and the way that I became acquainted with in college. I 
really feel that I have had the chance to know the best in 
conservative Chinese bringing up and in American life, but 
for a long time I tried to decide which of the two was 
better and which I should follow. But now I try to think 
of it as little as possible. I do wiiat seems to be sensible and 
only think about the conflict when some situation arises that 
forces me to think about it. (478 Survey of Race Relations.) 

A mature Japanese student in one of the southern 
California colleges in a course thesis makes the fol- 
lowing shrewd analysis to account for some of the 
differences between the Japanese in Japan and Cali- 
fornia: 

The immigrant cannot speak English at all, he cannot 
understand what is said, and he cannot read the papers. He 
just looks around with wonder, fear, and suspicion. The 
first experience in America — life in the Immigration Office — 
is enough to upset his expectation and presupposition. He 
works in an American family, but he cannot understand. 
Therefore, he works as hard as he can, obediently and 
courteously. However, he always worries about the views 
of the family; worry creates suspicion, suspicion creates 
fear. Since, this first experience, he can never get rid of the 
undescribable oppression of "Americans." 

He becomes abnormally subjective., and his inability to 
realize himself has turned back attention to himself until his 
self-consciousness becomes entirely or partly out of focus. 
There is a complete incapacity to view his own problems 
objectively. The tendency to personal introspection is fa- 
miliar among these oppressed Japanese. 

Suspicion is a sister of subjectiveness. It is nothing but 
a method of being on guard. In the effort to resist absorp- 
tion, which used all sorts of subterfuges, the dominated 
people learned to meet any overture with suspicion. The 
Japanese people in California are frequently charged with 
being suspicious. I think this is partly true, and it is natural. 
Just imagine the state of mind of a Japanese who has to 
concentrate all his attention in an ordinary conversation on 
not making mistakes in pronunciation, accent, and grammar. 
What an enormous loss of energy! And just imagine the 
state of mind of a Japanese who has a strong sense of dignity 



28 RESIDENT ORIENTALS 

and is subjected to open disgrace and spite. How do you 
feel if the door of a restaurant or a barber shop is closed 
against you? A man's mental power is not strong enough to 
stand upright against such experiences. 

From this mental condition, two results come out into 
quite different directions. Those who have no fighting spirit 
become like a plant, and among those who have the spirit, 
on the contrary, a technique is developed to mjeet the situa- 
tion, and retain one's self-esteem. Shrewdness and aggres- 
siveness of the Japanese in California are partly due to this 
psychology. 

Rut in fact, most of them are still unstable about whether 
to stay here forever or to go back to Japan with some amount 
of money. Therefore, they are not interested so much in 
group life. Only those who have a desire for recognition 
are interested in it. 

A professor of my Mother College in Tokyo visited this 
country last year, and told me about his impression: 

"I wonder why the Japanese in California are so different 
from those in Japan? They are bluff and uncourteous. They 
laugh, but they never smile. They are poor creatures." 

This impression is right, but he could not see how they 
are kind and helpful toward each other. While I was in 
Japan, I had never found such a kindness and sympathy as 
I find among the Japanese in California. 

The physical differences between the Japanese 
brought up in Japan and America are described by 
Dr. Inui, who cites specifically, contrasts in texture 
and color of hair, teeth, expression of the eyes, fea- 
tures, shape of hips and feet, and complexion. 35 
Height and weight charts, based on data of the 
United States Department of Labor, Japanese Edu- 
cational Association of America, and the Tokyo Edu- 
cation Department, are reproduced (Charts I and 
II, pp. 30-31 ). 36 Baron Kentaro Kaneko wrote about 
"The Effect of American Residence on Japanese" in 



35 Inui, op. cit., pp. 210-213. 

36 K. Kanzaki, California and the Japanese (San Francisco), 
pp. 28-29. 



: 



GENERAL* INTRODUCTION 29 

The Annals of the American Academy of Political 
and Social Science, September, 1909. 

There are no comparable data for the Chinese. A 
similar comparison would unquestionably bring out 
interesting information, with the variance probably 
somewhat less than for the Japanese because the 
former cling more to an isolated existence. 

POPULATION 

Absolutely reliable statistics for the Chinese and 
Japanese do not exist probably. Estimates by govern- 
ment agencies invariably have to be modified. Doubt- 
less the totals for both Chinese and Japanese are 
understatements largely due either to the inability 
of the census enumerators to speak their language, 
to their unwillingness to visit every colony so as to 
make a personal count, or to the custom of many 
Chinese in not mentioning their female children. 
The persistent claims of anti-Oriental agitators that 
thousands of Orientals are not counted seem to be 
accepted by practically all parties who are in a 
position to know. The federal census figures are used 
in this report as perhaps the most reliable. 

The Chinese Consul-General at San Francisco 
writes in May, 1927, that he has no figures more recent 
than the census of 1920. The Chinese Six Companies' 
information for Oregon, however, is recent. The 
Japanese consular officers and Japanese associations 
keep up-to-date records, kindly placed at the dis- 
posal of the writer and reproduced in the General 
Tables of this report, to which the writer is referred 
for valuable statistical information, which can be 
commented upon here only in brief. 

The immigration and emigration figures in Gen- 
eral Tables 1, 2, and 3 afford a striking contrast 
between the Chinese and the Japanese due to the 



CHART I 

Comparative Study of Weights of American-Born Japanese 
Children and Japanese Children in Japan* 




* From California and the Japanese, by Kiichi Kanzaki (San Fran- 
cisco. 1921). 



CE[ART II 

Comparative Study of Heights of American-Born Japanese 
Children and Japanese Children in Japan* 



\age 


7 


8 


9 


IO 


II 


12. 


13 


14- 


15 


16 


17 


5.5 












































/ 




* 


















• 






5FT. 
















/ 




// 




















* jt 


-1/ 


r / 








• 








/ 
/ 


• 

/ / 
/ / 


s7 
' y^ 




— -• 




4-.5 










/ 


f y 
















f 




s * 








■ 








4FT. 




/ 4 




A „ 




















/t 


/ 


// 




















/ * 


/ 


// 




















' ; 




• / 






















// 


' 
















3.5 


4 




< 




















•* 






Jckcxwiew cVuldren vn Kov\«.T~t co, — X— — - •"" 
J<upa««se children \v\ Jaotm \— \— \ *— «» 
Awex-icavv cVuld.-Oet\ —— «---- 


3FT- 











* From California and the Japanese, by Kiichi Kanzaki (San Fran- 
cisco, 1921). 



:*2 RESIDENT ORIENTALS 

operation of different acts. The following chart 
(('hart III) shows the spectacular absolute and rela- 
tive increase in the Japanese population since 1880, 
and their numerical importance in the United States 
(in this, as in other federal figures, exclusive of the 
insular possessions). 

That this graph, however, in the case of the Japa- 
nese is to be explained by the excess of immigrants 
over emigrants is shown to be false by noting the net 
migration changes. Rather, the "picture brides"— 
those legally married by proxy — and children from 
abroad, both classes admissible under the Gentle- 
men's Agreement, together with the births on 
American soil, provide the reasons. The declining 
percentage of Japanese males to females and vital 
statistics are shown in Charts IV and V (pp. 34, 35), 
as well as in General Tables 5, 6, and 7. 

The age grouping for Chinese, Japanese, and total 
California, in General Tables 10 and 13 and in Chart 
VI (p. 36), is a further explanation for the increased 
state population for persons of Japanese parentage. 

Chart VII (p. 37) likewise should be considered 
along with figures for school attendance and literacy 
in General Tables 11, 12, 14, and 15. It also bears a 
relation to the occupational figures in General Tables 
8 and 9, also to chapters viii-xvi inclusive. For the 
Japanese in central and northern California, 1924, 
Chart VIII (p. 38) is useful. 

Propaganda affecting resident Orientals in the Far 
West has centered largely around figures which have 
been used and misused with great abandon. There 
are several cases of two or three digits being added 
to population or acreage figures; and even when the 
basic figures are fairly accurate, as is often the case, 
the laws of population are brushed aside, or percent- 
age figures are used such as the increase of 9,004 per 



CHART III 

Chinese and Japanese Population in the United States, 

1860-1920, by Decades* 

120,000 



110,000 



100,000 



90,000 



80000 



70,ooo 



&0.000 



50,000 



4-0, 000 



30,000 



10,000 



10,000 





















W 














0/ 
























i 


■'i 












i 




























j 














<*•/ 












joi 












A / 














1)1 














<nl 














§fl 














J? / 














* * ' 














--jpr*- 














O / 






1 


0/ 
fil 














1 


1 










< 


7 












« 








m * 






Of 










*/ 












A 














(yjl 














tfi 














rl 














*/ 














a / 














,0/ 














M 



































1fcbO 1870 1880 1890 1900 1910 1920 
* Data from United States Census. 



:\i 



RESIDENT ORIENTALS 



CHART IV 



Number of Males Per One Hundred Females in the 
United States: 7900-/920 

(US. Census Data*) 



2370 




J430 



Legend 

I I Total Population 

■H Chinese 

Japanese » 



J06 




604 









60S 



7900 



7910 
Decades 




7920 







cent in the number of Japanese in California in 190 
compared to 1880 (which is correct), or the decline 
of 900 per cent in the immigration from Japan from 
1908 to 1909 (which would be remarkable). It is 
characteristic of racial propaganda that people be- 
come hysterical over figures, especially large ones. 
The following reliable findings are pertinent: 



GENERAL INTRODUCTION 



35 



CHART V 



d/?/7vaf Number oPJapanese Births Compared witft 
tfie Jlnrwal JVumber o/Vapanese DpatJ?s:/0//-/923 
(Official figures ofihe California State 
Bureau of Vital Statistics.) 



JVumber 
5500 



5000 




1911 72 73 74 7S 76 77 78 VQ '20 2/ 22 23 

years 



1. The Chinese population in the United States, and on 
the Pacific Coast, has been steadily decreasing since the 
year 1890. From 1911 to 1923, this decrease has been due 
to an excess of Chinese deaths over Chinese births. 

2. The same data show that the Japanese population has 
been increasing but at a decreasing rate of increase since 
1890. The natural increase of Japanese in California — that 
is, the excess of births over deaths — has been steadily de- 



36 



RESIDENT ORIENTALS 



CHART VI 



Age Distribution of the Total Population of California 
Compared with the Chinese and Japanese Population of 

California in 7920 
CltS. Census Data.) 



Age Crvi/ps 
Under 5 

5-9 

10-14 

15-19 

QO-4-4 

45dndoV& 








6.2% 
5,1% 
76% 



legend 
] Total Population 
IChznese 



VZZ&Japanese * 



76% 
4:0% 
26% 




.357% 



creasing since 1921, during which year the natural increase 
was 4,379 persons. 

3. The ratio of the Chinese and Japanese to the total 
population in California has been steadily declining since 
1900. In 1920 this ratio was 2.9; while in 1900, two decades 
previously, it was 3.8. However, in some counties in Cali- 
fornia the ratios of the Chinese and of the Japanese to the 
total population are considerably in excess of this percent- 
age. Thus in San Joaquin County, the percentage of Chinese 






GENERAL INTRODUCTION 



37 



CHART VII 



Perce/2 tage Distribution of the 

Total Chinese and Japanese Popu- Legend 

la t ion in the United States and ^^ PC. in Mashing to* 
on the Pacific Coast: i860- 1920 EM PC. in Oregon 
(Computed from U.S. CensusData) ^H PC in Ca/i/bmia 

~\PC. Remainder in U.S. 



Decades 



i860 



7870 



7880 



7890 



7900 



1070 



7920 



B 



J 00.0 




3.0 9.0 



3.3 6.7 



8.2 J7.3 



70.9 7.5 



77.4 4.0. 



77.Q 



67.2 



49.0 



540 



58.4 



76.8 



23.5 



37.6 



Q7.6 



26.0 



and Japanese to the total population was 7.7; while in Yuba 
County this percentage was 34.5. 

4. The frequently quoted birth-rates of the Japanese are 
high because they are extremely crude. They do not take 
into account the fact that the Japanese are the youngest age 
group in California and that a very large number of women 
of marriageable age have come into the state since 1907* 
Moreover, these crude birth-rates are based upon an estimate 
of Japanese population which undoubtedly is smaller than 



:« 



RESIDENT ORIENTALS 



CHART VIII 



Percentage distribution of SQOOO Japanese 
in Centra! and Northern California in March. 7924- 

by Occupation 

(Computed /rom data compiled by Japanese Consulate General.) 




the actual number. An analysis of the official statistics of 
the California State Bureau of Vital Statistics shows that the 
birth-rate of the Japanese is very nearly the same as the 
birth-rate of the white population of the state. In 1922 the 
average issue per white mother was 2.63, the average issue 
per Japanese mother was 2.83, and the average issue per 
Chinese mother was 3.26. 

The facts show that the reason for the apparent high 
birth-rate among the Japanese is that few Japanese mar- 






GENERAL INTRODUCTION 39 

riages are childless. Thus, in the white population of Cali- 
fornia, the number of married women per birth in 1922 was 
8.0; while among the Japanese in the same year the number 
of married women per birth was 3.2, and among the Chi- 
nese, 1.6. Again, the number of births per one thousand 
married women of child-bearing age among the white popu- 
lation of California was 125.5, among the Japanese, 317.2, 
among the Chinese, 621.1. 

This apparent discrepancy is due, among other things, 
to the fact that there is a high percentage of childless mar- 
riages in the native population, and to the more youthful 
ages of Japanese men and women. 37 

Now with this brief survey of Oriental aliens resi- 
dent in America, let us contrast some expressed 
viewpoints of Americans, Chinese, and Japanese. 

AMERICAN VIEWPOINT 

To aid the discovery of what leading Americans 
regarded as fundamental causes for the state of anti- 
Japanese opinion in California, Dr. Tasuka Harada 
sent out a frank questionnaire on October 18, 1920. 
The returns were published two years later. 38 The first 
of six questions asked was, "What do you consider 
the principal reasons of the present anti-Japanese 
agitations in California: are they economic, social, 
or racial?" A surprisingly large number of those an- 
swering suggested the political aspect. A tabulation 
of the returns according to these four factors, also 
divided between those living east and west of the 
High Sierras, is illuminating, although one should 
bear in mind that the World War had just closed, 
that it was a presidential election year, and that it 
was seven years ago. 

The contrast in the replies from Eastern and 
Western America is interesting. 

> 37 Tentative Findings of the Survey of Race Relations, pp. 6-8. 
ss The Japanese Problem in California (San Francisco, 1922). 



10 



RESIDENT ORIENTALS 



Tabulation of Answers to Question Propounded by 

Dr. T. Harada 



EAST OF THE SIERRAS 



Name 



Economic 



Social 



Racial 



Political 



T. N. Carver J4 

G. W. Coleman y A 

W. H. Day Ys 

S. P. Duggan y 2 

A. E. Dunning 

S. L. Gulick 

A. B. Hart y 2 

H. C. King 1 

G. T. Ladd 

F. Lynch 

H. A. Millis y 2 

R. E. Park 

W. B. Pitkins 1 

H. Van Dyke 

Totals 5 



1/10 



Y2 

1/6+ 



1 

1 



3+ 



1 

5- 



Name 



WEST OF THE SIERRAS 



Economic Social 



Racial 



Political 



W. M. Alexander 1 

D. P. Barrows 1 

E. C. Bellows 

J. A. Blaisdell 1 

G. F. Bovard 1 

G. I. Cochran 

R. Dollar .. 

M. H. Esberg 1 

L. T. Gage 

H. B. Johnson 1 

T. C. Knoles 

L. G. Levy y 2 

R. N. Lynch 1 

V. S. McClatchy.. 1 



1 

54 



GENERAL INTRODUCTION 41 

Tabulation of Answers to Questions Propounded by 

Dr. T. Harada — Continued 

WEST OF THE SIERRAS 



Va 


Va 


1 


• • • 


1 . 


1 


Va 


% 


V-- 


Vt. 



Name Economic Social Racial Political 

M. A. Meyer 1 

W. N. Moore *4 Va 

U. G. Murphy 

E. G. Norton 

E. L. Parsons %. %. 

W. T. Sesnon 

W. W. Seymour 1 

W. B. Thorp ... 1 

P. J. Treat ... 1 

J. Wangenheim y> y 2 ... ... 

W. D. Wheelwright y 3 y 3 y 3 

R. L. Wilbur y 2 ... y 2 

E. T. Williams y 3 y 3 y 3 

L. A. Wright ... ... 1 

Totals 12y 3 2+ 6+ 7 

-•—— — — — , 

A reasonable interpretation would be that the 
reason for immigration was unquestionably eco- 
nomic — and this is the main ground for attack by 
anti-Oriental organizations; the social feature ex- 
pressing itself in neighborhood and school relation- 
ships has a direct connection with the American 
family life and makes an especial appeal to women 
and Americanization workers; the racial feature with 
its assimilation possibilities has been the immediate 
cause of conspicuous prejudice; the political phases 
have been capitalized by the aspirant for office, some- 
times as a smoke screen to veil party dissensions 
with regard to domestic or foreign policies, and as a 
worthy goal of diplomacy. Immersed in municipal 
and international law, as well as public opinion, each 
one of these factors operates. 



12 RESIDENT ORIENTALS 



, 



Written about the same time in an outstandin 
book by a leading Japanese critic, a distinguished 
member of the House of Peers, the Hon. Iichiro 
Tokutomi, makes this counter-explanation for the 
anti-Japanese sentiment in America: 

Be that as it may, the Japanese immigrants were from 
the first discriminated against because of their willingness 
to work for low wages and on account of their alleged en- 
croachment on the occupational field of the white. In. this 
respect, it was to a certain extent similar to the anti-Chinese 
agitation. But shortly after an agitation was started against 
the Japanese immigrants on the ground that they were form- 
ing an outpost of the Japanese Empire in the territory of 
the United States. And this anti-Japanese agitation became 
more and more intense as the number of the Japanese immi- 
grants in the United States increased, or rather at the same 
time that Japan began to show signs of being the most 
powerful nation of the Orient. 

In other words, anti-Japanese agitation in America origi- 
nated not because the Japanese were an inferior people, but 
because they were of an uncommon race; nor because they 
were an inefficient people, but because they were of an 
efficient race. Or, it arose, not because of their iniquitous 
conduct, but because of their good behavior; not because 
they were indolent, but rather because they were assiduous. 
In fact, the anti-Japanese Americans regarded the Japanese 
immigrants as the advance guards of an invading army of 
the Japanese Empire into the United States. 39 



Five years later, at the First Session of the Insti- 
tute of Pacific Relations held at Honolulu, Dr. Wilbur 
stated for the American Group: 

While the white man had found the United States ai 
unusually favored dwelling-place and had multiplied rap- 
idly, the rapid growth in population came from continued 
immigrations from Great Britain and Ireland, and then from 
the western, northern, and southern portions of Europe. 
There was a constant demand for cheap labor. The immi 
grations upon the Pacific Coast of the Chinese and Japanese 
were similar in origin and in effect to the other immigra- 

39 Iichiro Tokutomi, Japanese American Relations, pp. 69-70. 






GENERAL INTRODUCTION 43 

tions and brought with them the question of race to which 
the , Americans were particularly sensitive because of their 
historical background. The instinctive fear of race mixtures 
must be understood by all who would appreciate the present 
situation. In this attitude of Americans toward race mix- 
tures the question of inferiority of one race or the superi- 
Drity of another is not primarily involved. The attitude 
depends upon the fear of the birth of children and the de- 
velopment thereby of citizens who are misplaced socially, 
unhappy, and the inevitable sources of social dissatisfaction 
and discontent. The understanding that a democracy must 
have contented citizens as a basis for security is an instinct 
developed by the people of the United States. 40 

THE CHINESE VIEWPOINT 

There is extremely little literature on the attitude 
of China toward the treatment of her nationals 
in the present century. Perhaps the explanation 
is to be found in the traditional Chinese philosophy 
as portrayed by Lao Tsze's address to Confucius. 41 
Consular Officer Tow confirms the popular belief that 
the Chinese do not resort to public protest. 

The international Conference on American Rela- 
tions with China, Johns Hopkins University, Septem- 
ber 17-20, 1925, reported in. Section 4 the following 
special grievances of China in America: 

Racial discrimination, the psychological attitude and 
point of view of so many American people who have a feel- 
ing of superiority, the deportation of certain Chinese slave 
girls who have been rescued and then sent back to live the 
life from which they were rescued; the various raids and 
arrests in the Chinatowns in various cities (the unnecessary 
arrest and harsh treatment of a great many to apprehend a 
few offenders) ; social discrimination against Orientals, es- 
pecially on the Pacific Coast; misrepresentation by mission- 
aries returning from China, by the press, and by lecturers 
and writers of books. 

4 <> Proceedings, Institute of Pacific Relations, Honolulu, 1925, 
p. 96. 

41 Quoted in Wu Ting Fang, op. eit., p. 165. 



11 RESIDENT ORIENTALS 

At the Institute of Pacific Relations meeting in 
1925, Mr. T. Z. Koo made this statement: 

The problems which confront the peoples around the 
Pacific are varied and difficult. They touch every phase of 
modern life— political, economic, social, racial. But broadly 
speaking, the situation in the Pacific can be stated very 
simply. On the one hand, we find a group of nations, mainly 
of the white race, which through one means or another have 
in the past years secured certain privileges, rights, and 
territories from Eastern peoples. These they are very anx- 
ious to maintain and keep as long as possible. On the other 
hand, we find another group of nations in which the spirit 
of nationalism and racial consciousness is rapidly growing 
and which are therefore anxious to recover what has been 
wrested from them in the past. And there, in a nutshell, is 
the philosophy of the Pacific situation today. Left to itself, 
the situation will inevitably lead to conflict and disaster and 
a general slowing down in the process of growth of every- 
thing worth while in human life, because so much of our 
energy and resources will have to be diverted for purposes 
of destruction. I think I am interpreting correctly the senti- 
ment of this Institute when I say it is because we have all 
recognized the futility and horror of letting the situation 
drift to its inevitable end that we have come together to find, 
another way out. 42 

THE JAPANESE VIEWPOINT 

Mr. I. Tokutomi, after placing the blame for 
misunderstanding upon both America and Japan, 
concludes : 

On our side, we may divide those responsible in three 
groups: (1) The so-called pro-American Japanese, who al- 
ways assent to anything or everything Americans say or 
do. (2) Those anti-Japanese Japanese, who do not under- 
stand even their own country where they were born and 
reared, who look upon their own country with the eyes of 
a foreigner, and who take and interpret anything Japanese 
always from its worst aspect, and always magnify or exag- 
gerate in their public or private utterances any fault or 
wrong of their own country. (3) The so-called politicians 

42 Proceedings, Institute of Pacific Relations, p. 68. 



GENERAL INTRODUCTION 45 

behind the scene and the military men in the "green room," 
who are active and bold only when they are not before the 
eyes of the public, and who furnish those anti-Japanese and 
anti-American propagandists of both countries with infor- 
mation or material of which they take advantage. 

The prime prerequisite in formulating our policy toward 
America must be to know r what kind of a country America is 
today. It is essential that we should endeavor to prevent 
America from misunderstanding us. But above and far more 
important than that, we must seek to understand America 
and understand her thoroughly. One of the greatest concerns 
of our country today is that our people are too indifferent 
to probe into the real character of this great neighboring 
country of ours. 43 

Mr. M. Sawayanagi, presenting Japan's view at 
Honolulu in 1925, emphasized the vital significance 
of the population problem : 

Now it must be stated that there is a division of opinion 
among Japanese as to the way in which the problem can 
be and should be solved. The prevailing opinion seems to 
be that the pressure of population in Japan can only be 
relieved by emigration abroad and industrialization at home. 
On the other hand, there are some who maintain that relief 
can be found through the further perfection of our system 
of intensive cultivation. Leaving the holders of these an- 
tagonistic opinions to fight out their differences, I shall for 
the present rest this problem where it stands and say that 
some way out must be discovered. 

This problem of population leads me to take up the 
question of Japanese emigration. Lack of time prevents me 
from entering into this subject at any length. I must, how- 
ever, state most emphatically that Japan does not intend to 
claim for her people the right of free entry into the territory * 
of another country. What w r e object to is discrimination on 
account of race. Such discrimination is highly offensive to 
our self-respect as individuals and as a nation. I would not 
be telling you the truth if I did not say that there exist 
among our people deep feelings of disappointment and dis- 
satisfaction and even resentment over the discriminatory 
immigration law passed by the American Congress last year. 

43 Tokutomi, op. cit., pp. 15, 18. 



H) RESIDENT ORIENTALS 

I must, however, say at the same time that the more thought- 
ful among us still have sufficient confidence in the traditional 
sense of justice and fair play on the part of the American 
people to cherish the hope that in due course of time this 
wrong will be righted with honor to both nations. 

As for Canada and Australia, we have also had occasion 
to complain of their attitude on this question. But it might 
be admitted that they have shown more tact and wisdom in 
dealing with the difficulty; that is especially true of Canada 
with whom the matter is regulated by means of a diplomatic 
arrangement. Australia took the matter up long ago when 
the number of Japanese immigrants was still insignificant, 
and settled it in a manner not openly offensive, although 
the real purpose of the law was easily perceivable. It may 
be questioned from a purely moral point of view and from 
the standpoint of world economy, whether any groups of 
human beings can rightly enclose a large extent of land and 
make little practical use of it, when there are other and 
larger groups who are in urgent need of a breathing space. 
Unfortunately, however, that point of view is still foreign 
to present international practice, and it only possesses aca- 
demic interest. All we ask of you is that the problem of 
immigration will be examined with utmost candor and 
impartiality. 44 

The need for discovering and clarifying the real 
issues has been stated in unmistakable language by 
Mr. Tokutomi: 

The pro-Americans in Japan today, in brief, are dealing 
with this momentous question in a way similar to that of 
covering things of unpleasant odor with a lid. They try 
to conceal very unpleasant, unfavorable, or unjust incidents 
w T hich have arisen between the two countries, and if they 
cannot succeed in their efforts, they endeavor to hide as 
much of it as they can. By such excessive and unbecoming 
flattery they strive to maintain the amity between the two 
countries. What is the result of their conduct? They not 
only deepen the misunderstanding of Americans about Japan, 
but also encourage the anti-Japanese spirit in America, and 
eventually the friendly relations of the two peoples will, of 
necessity, be so strained that they can no longer be restored. 

44 Proceedings, Institute of Pacific Relations, pp. 77-78. 



GENERAL INTRODUCTION 47 

Therefore we wish to impress upon you the fact that the 
harm done to Japan by our pro-Americans is greater than 
the harm done by our anti-Americans. 45 

We presume there may be some Americans who, from 
their assumption that Japan will gradually be Americanized, 
do not wish to treat her too harshly. But, at the same time, 
we have to assume that there are not a few people in 
America who regard Japan as mentally subservient to 
America. Generally more harm is done in matters of vital 
importance to a country by those who prefer to shut their 
eyes to facts, or who are weak and without backbone, and 
who temporarily varnish things over, than by those who are 
out-and-out knaves and rascals. We do not particularly 
brand our so-called Americo-maniacs as traitors to their 
country. No, their real motives may rather be called patri- 
otic, but when we consider how perfunctory compliments 
or subserviency will bring about results of far-reaching 
importance, we cannot help being gravely concerned. 46 

The "Message from Japan to America" 47 is a valu- 
able symposium of Japanese' intellectual opinion. 

- ECONOMIC BASIS 

To the extent that the original basis for the immi- 
gration of both Chinese and Japanese is the most 
important one, the economic motive is certainly still 
dominant. The United States Immigration Commis- 
sion reports that "the prime motive for migrating to 
the United States has been to make money." Profes- 
sor Millis, who conducted the studies of the Japanese 
in the Mountain and Pacific States, concludes that 
the economic reason is "one of the most important." 
Rev. Dr. Mark A. Matthews of Seattle tells Congress- 
man Baker of California: "Don't cuss some foreigner 
because he comes here under the treaty regulations, 

45 Tokutomi, op. cit., p. 5. 
46/fczU, pp. 151-152. 
47 Select Document O. 



48 RESIDENT ORIENTALS 

under the laws of America, and under the sovereign 
flag of America, and buys something; don't cuss him 
for buying it, when your yellow-backed American 
sells it to him." 48 Ex-Senator Phelan says : "The white 
farmer is not free from cupidity when tempted by 
Japanese to sell out at high prices, and they do sell 
out and disappear. The state, therefore, is obliged, 
as a simple matter of self-preservation, to prevent th 
Japanese from absorbing the soil, because the future 
of the white race, American institutions, and West- 
ern civilization are put in peril." 49 The Harada ques- 
tionnaire revealed that Westerners, including many 
who have taken a recognized leadership on opposite 
sides, believed the economic factor was paramount. 

The Chinese question in America has lost the 
greater part of its economic importance because the 
old-time Chinaman is now practically gone, while 
those who are left, as well as the second and third 
generations, are in largely non-competitive callings. 50 

Abundant evidence appears that the Japanese 
have fully recognized the economic aspects, even 
though the discrimination feature has received more 
public attention. "Up to 1913, Japanese labor may 
justly have been regarded as cheap labor," wrote 
Mr. K. K. Kawakami. 51 "The anti-foreign agitation is 
economic, and California is no exception," observed 
Dr. Inui. 52 The conclusions of Messrs. J. Soyeda and 
T. Kamiya, 53 who were sent on a mission to California 
in 1913 to forestall if possible the land legislation, 



48 Hearings before House Committee on Immigration and 
Naturalization (1920), p. 1090. 

49 The Annals of the American Academy of Political and Social 
Science, January, 1921. 

5 See chaps, viii— xvi, inclusive. 

si Pacific Review, Vol. I, No. 3 (December, 1920). 

52 Inui, op. cit., p. 53. 

53 See Select Document G. 






GENERAL INTRODUCTION 49 

and that of President George Shima 54 of the Japanese 
Association of America are of people who had un- 
excelled opportunities upon which to base judg- 
ments. Yet there is this remarkable statement of the 
great Japanese economist, Dr. T. Fukuda: 

We might join Professor Fisher in blaming Congress, but 
at the same time we, as Japanese, must blame the Japanese 
government, particularly the Foreign Office, so unwise and 
incompetent, and those fellow-nationals who boast of their 
knowledge of America, and of their friendship with the 
Americans, always displaying their time-serving views, as 
if they were sure that by such lip-service anti-Japanism 
could be smothered away, in utter disregard of the plain 
facts. 

In this same article, while finding fault with Japan 
as a "primary source" and blaming America for the 
passage of the 1924 Immigration Act, he referred to 
his public utterance on the immigration issue in 1909. 
The quotation above appeared in the "Message from 
Japan to America." 

The writer believes that the misunderstandings 
are largely economic, but he is skeptical whether a 
four-legged table can be made to stand on only one 
leg. Without question, too, the economic prop has 
stood much of the strain that more properly should 
have fallen on the political support. 

FEDERAL AND STATE RIGHTS 

Popular ignorance of American constitutional law 
is the basis of a great deal of the misunderstanding 
and resulting prejudice in matters affecting Orientals 
in America. While it is not surprising that scarcely 
any persons have read through an international 
treaty, the study of political science in schools should 
give an adequate understanding of the scope and 

54 See Select Document H. 






50 RESIDENT ORIENTALS 

limitations of federal versus state authority, even 
though the lines of demarcation are not drawn 
exactly. Yet lack of comprehension of this aspect of 
domestic and international affairs is colossal. 

The San Francisco school episode is a leading 
case. In 1905, the Board of Supervisors passed a reso- 
lution providing for segregation in the city schools. 
A vear later the Board of Education of the city re- 
quired Japanese to attend the Oriental School at- 
tended previously by Chinese only. Acting upon the 
strenuous protests from Tokyo, Washington endeav- 
ored to treat California like a naughty child. But 
Governor Pardee, in his last message to the state leg- 
islature, said: 

The state of California, a sovereign state of the United 
States of America, has no quarrel with the government of 
either Japan or China. On the contrary, California has the 
greatest respect for these two countries, and deprecates 
equally any indignities which may be put upon Americans 
in Japan or China, or upon Japanese or Chinese subjects in 
this country. But, nevertheless, until the courts of this coun- 
try shall have declared that California has no right to do so, 
this state reserves to itself the prerogative and privilege of 
conducting, under law, state, national and treaty, its schools 
in such manner as seems best to us; and this without the 
slightest disrespect toward the government of the United 
States or the subjects of any foreign nation. 

Mr. Elihu Root, Secretary of State, delivered his 
famous speech before the Pennsylvania Society of 
New York, December 12, 1906, in which he denounced 
"the useless policy for the advocates of state rights 
to inveigh against the supremacy of the constitu- 
tional laws of the United States or against the 
extension of national authority in the fields of con- 
trol where the states themselves fail in the perform- 
ance of duty," while President Roosevelt threatened 
the use of the "big stick" in his message to Congress, 
December 18, 1906: 



GENERAL INTRODUCTION 51 

I authorized and directed Secretary Metcalf to state that, 
if there was any failure to protect persons and property, 
then the entire power of the federal government within the 
limits of the Constitution would be used promptly and vig- 
orously to enforce the observance of our treaty, the supreme 
law of the land, which treaty guarantees to Japanese resi- 
dents everywhere in the Union full and perfect protection 
for their persons and property; and to this end everything 
in my power would be done, and all the forces of the United 
States, both civil and military, which I could lawfully em- 
ploy, would be employed. 

But the weak position of the national government 
caused him to bring the San Francisco Board of 
Supervisors and the Mayor of San Francisco to 
Washington to discuss the matter. As a result, the 
school question was dropped, in view of President 
Roosevelt's promise to arrange a new immigration 
agreement with Japan. The years 1905 and 1906 saw 
the labor unions in firm control of city politics; the 
earthquake and fire which brought generous contri- 
butions from Japan; an era of turmoil and graft; and 
also freely expressed prejudice against Japan fol- 
lowing the Treaty of Portsmouth. Yet the strong arm 
of Washington was virtually impotent in the face of 
virile state opposition, a situation which is not com- 
prehended by foreigners generally. 

A detailed discussion of this school affair and 
other great causes of controversy is given in the chap- 
ters of this book which deal with constitutional and 
other legal provisions. 

Professor Iyenaga writes : 

The system of federal and state governments in the 
United States is a stumbling-block to the Japanese under- 
standing, as it probably is to most of Europeans, except the 
Swiss and the Germans. The Japanese find no parallel in 
their own system. They usually take it for granted that the 
American state and the powers it exercises are something 
like their prefecture and the administrative functions it dis- 



52 RESIDENT ORIENTALS 

charges. Accustomed io the all-powerful influence of the 
Tokyo government and the subservience with which the 
prefectures obey its orders, Japanese are amazed when they 
sec an American state defying the wishes of the President. 
It has not entered into their min,d that the American state is 
in many respects a sovereign state and that the compass of 
its functions is so enormous as to have made Jefferson to 
remark that the federal government is nothing more than 
the American Department of Foreign Affairs. 55 

Yet despite the desire of Roosevelt, Taft, and other 
chief executives for Congress to grant the national 
government an exercise of powers through federal 
statute for avoiding possible embarrassments of this 
character, the system of checks and balances has not 
been materially altered. 

THE ISOLATION OF CALIFORNIA 

In this episode which was regarded through the 
rest of America as a sectional issue, largely that of 
California's making, the local point of view was 
almost entirely ignored. California was regarded as 
a rough, uncultured state where feelings ran high 
and public opinion was unquestionably wrong. The 
state had had the unpleasant reputation of provok- 
ing delicate questions, first by handling them locally 
in a violent fashion, and then by forcing the federal 
authorities to make a stand, as in the Chinese Exclu- 
sion Acts, for example. Thus, California had learned 
that she could depend upon no outside support, cer- 
tainly not from Washington or the East generally, 
while the other Far Western states had little political 
influence. California failed to convince the rest of 
America because her case made an emotional, rather 
than a reasonable, appeal. 

In Oriental-American affairs, California has been 

55 The Review of Nations, February, 1927, p. 87. 



GENERAL INTRODUCTION 53 

firm and positive because she has had to depend 
upon herself and because she has been the greatest 
laboratory. Even when she has overshot the mark, 
California has learned from experience to expect 
ignorance or indifference from persons distant nearly 
an eighth of the way around the world. Whether she 
has been right or wrong, her attitude has been suc- 
cinctly expressed in the Argonaut at the time of the 
local school crisis : 

The reason that we in California are calm in the presence 
of this crisis is: first, because we know we are right; sec- 
ond, because we hope to convince our countrymen that we 
are right; third, that if we fail to so convince them, we will, 
whatever they do or say, do what we know to be right. 

The lack of outside support accorded California 
has been rather amazing. A survey of the best litera- 
ture on the subject extending over the past two dec- 
ades gives positive evidence of the almost universal 
support by Americans generally to the foreign point 
of view. This was true of both individuals and or- 
ganizations. It would seem natural, especially be- 
cause of the sectionalism questions fought out in the 
Civil War, that many prominent citizens of the same 
country, whether from the East, South, or Middle 
West, would rally to the banner of this frontier 
which was peopled largely by their own emigrants. 
An exceptional utterance, therefore, was that of Pro- 
fessor S. K. Hornbeck at the Conference on the For- 
eign Relations of the United States, Long Beach, New 
York, 1917, when he maintained that "it is of the 
greatest importance that the people of California or 
of other Western states should be satisfied as to the 
conditions of life under which they find themselves. 
.... Any attempt of the federal government to insist 
upon a policy in a considerable section of the country 
contrary to the almost unanimous opinion of the 



54 RESIDENT ORIENTALS 

people of that section is doomed to failure." 56 It is 
well recognized that on numerous occasions the 
feeling in the Golden State against Washington far 
exceeded that against any foreign capital. 

One positive result was that the pronounced op- 
position to further immigration of Asiatics, originally 
led by labor demagogues, spread rapidly on the Pa- 
cific slope. The truth was that every relay from Cali- 
fornia to Tokyo to Washington to Sacramento to 
Washington to Tokyo made just so much harder the 
lot of Japanese in California. 57 The pressure from 
both East and West, especially from Washington, 
stirred up local pride, state pride, personal ideals and 
conduct, and above all, an intensified combative 
spirit. 

A second result of national prejudice or indiffer- 
ence was the shrewd move of public officers of the 
state in carrying out their designs under the cover of 
federal statutes. An excellent illustration was the en- 
actment of the California Anti-Alien Act of 1913, 
when there was almost universal protest from outside, 
although the District of Columbia and several of the 
states, and Japan, already had extremely restrictive 
provisions for land-holding. President Woodrow 
Wilson, a conspicuous states'-rights supporter, sent 
out to California with the assent of its legislature, 
the Secretary of State, William Jennings Bryan; for, 
as the President telegraphed simultaneously to Gov- 
ernor Hiram Johnson, the President of the Senate, 
and the Speaker of the Assembly: "We find it so 
difficult from this distance to understand fully the 
situation with regard to the sentiments and circum- 
stances lying back of the pending legislation." Sec- 
retary Bryan was received courteously, but his 

56 International Conciliation, No. 121, p. 41. 

57 Consult Select Document H. 



GENERAL INTRODUCTION 55 

mission was without avail." 8 It was at this session 
that the naturalization laws of the United States were 
translated into the state land statute; and later into 
the Immigration Act of 1924. 

On the other hand, the American influence East 
of the Sierras was exerted to hold and cultivate fur- 
ther amicable relations with Japan. 

ORGANIZED EFFORT 

A third result of the outside disdain for what the 
Coast believed to be the best policy, not only sec- 
tionally but also nationally, was the springing up of 
organized groups of nearly every type, but all pro- 
Californian. There was a pronounced public opinion 
with the essential condition laid down by President 
Lowell, of Harvard, namely, that "the people should 
be homogeneous to such a point that the minority is 
willing to accept the decision of the majority on all 
questions that are normally expected to arise." 59 Yet 
through it all, there was a sweeping suspicion and 
challenge to every action or statement by either ob- 
viously interested or apparently disinterested groups. 

Mr. J. Merle Davis, formerly Administrative Di- 
rector of the Survey of Race Relations, may be quoted 
first, from a letter he wrote to a prominent Orego- 
nian, November, 1923: 

By the Native Sons we are sometimes considered to be 
the agents of the religious interests of the country, "who 
seek to import Asiatics in order to Christianize them": Fed- 
erated Labor prefers the charge that the Survey is the agent 
of the great commercial interests, which are in this way 
trying to create a public opinion that will keep open the 
door to Asia for their "selfish advantage." On the other 

5 § "It is clear to my judgment that if Mr. Bryan had not come 
to California the legislature in the final issue would have passed 
either an impartial measure or none at all, and more likely the 
latter." — J. A. B. Scherer, The Japanese Crisis, p. 101. 

59 Public Opinion and Popular Government, p. 44. 



56 RESIDENT ORIENTALS 

hand, here in the Northwest I find that the Lumbermen's As- 
sociation and the Portland Chamber of Commerce are con- 
vinced that this movement is promoted and financed by the 
American Federation of Labor in order to keep the yellow 
man out of America. In some quarters the church has been 
reluctant to co-operate because prominent church leaders 
were not given leadership on the Survey committees. 

and second, in an extract from a published contri- 
bution : 

It was soon apparent even to a newcomer on the Pacific 
Coast what groups were pro and What groups were anti- 
Oriental, and why this was so. The politician, the legion- 
naire, the native son, the working man, the small farmer, the 
shop-keeper were usually against the Oriental, or, at least, 
opposed to the Japanese. On the other hand, the president 
of the chamber of commerce, the financier and banker, the 
importer and exporter, the absentee landowner, the large 
rancher, the mission secretary and the church worker, the 
social worker, and many school teachers and university pro- 
fessors were friendly to the Asiatic. 

All of these people, it seemed to me, belonged to one of 
three groups, regardless of whether they were pro or anti. 60 

The most powerful single group in California is 
the California Joint Immigration Committee, suc- 
cessor to the defunct exclusion leagues, whose Ex- 
ecutive Secretary and driving force, Mr. V. S. 
McClatchy, was formerly Director of the Associated 
Press, when he was editor and owner of the Sacra- 
mento Bee. It is largely the initiative and publicity 
skill of Mr. McClatchy which has been responsible for 
the legislative acts against the Japanese since the 
World War. The Committee consists of the Deputy- 
Adjutant of the American Legion (Chairman), 
Secretary-Treasurer of the State Federation of La- 
bor, Master of the State Grange, Grand President of 
the Native Sons of the Golden West, State Attorney- 
General, Hon. James D. Phelan (Treasurer), and V. S. 

so Survey Graphic, May, 1926. 



GENERAL INTRODUCTION 57 

McClatchy. This representative body, like its prede- 
cessors, has been concerned almost exclusively with 
one objective; namely, exclusion of Asiatics, particu- 
larly Japanese. Statements of Coast exclusion 
leagues are reproduced in Select Documents B, L, 0, 
and P. There is no opposing group in the state with 
large influence. 

The next most important group in America is the 
Federal Council of the Churches of Christ in Amer- 
ica. Its local influence is dwarfed because its guid- 
ing spirits are almost wholly Easterners, and its 
headquarters are on the Atlantic rather than the Pa- 
cific Coast. In its public expressions and influence, 
too, the stand taken has a following on the West 
Coast, but is that of a minority. A recent notable 
statement of the Council appears as Select Docu- 
ment Q. 

The scope of this topic, also, should make mention 
of the Japanese and Chinese organizations, since the 
character and state of their activity account for 
considerable of the organized group opposition. In 
brief, as far as the individual Japanese express them- 
selves, they do it through their diplomatic or con- 
sular officers, or through racial associations — usually 
the latter. Since the branches of the Japanese Asso- 
ciation of America have been under the jurisdiction 
of the local Consul in the performance of services 
regarding passports and other local aid which could 
not easily have been handled at a distance, the 
American farmer, business man, or publicist has 
made his contact with local Japanese frequently 
through these agencies. The natural abhorrence of 
the American to dealing with official or semi-official 
bodies, American or otherwise; his lack of sympathy 
with all foreign blocs sequestered in the country; his 
weakness as an individual in dealing with a concen- 



58 RESIDENT ORIENTALS 

trated force with more or less support from Japan — 
these reasons helped to stimulate political and mili- 
tary scares, and to provide the raison d'etre for 
combative organizations. > 

The tactics of West Coast Japanese in appealing 
to their official or semi-official representatives, or of 
having them speak for them, have produced ques- 
tionable results. Whether they would not have done 
better to have brought forth their own leaders, who 
would have acted largely as individuals, and to have 
entrusted their case to the common sense of Ameri- 
can leaders on the Pacific Coast is a question of his- 
torical interest. In this connection, the Select Docu- 
ments in the Appendix are suggestive, notably G 
and H. 

No one on the Coast questions that the more kindly 
feeling toward the Chinese is considerably due to 
their striking individuality, their placidity, and their 
failure to protest real grievances through official 
channels or the Chinese Six Companies. 

APPROACH TO THE SUBJECT OF THIS REPORT 

The legal rights and privileges of Chinese and 
Japanese in America, with special reference to the 
Pacific slope, are discussed in chapters ii-vii, inclu- 
sive. 

The occupational opportunities and oth^r features 
are described in chapters viii-xvi, inclusive. 

The living conditions are touched upon in chap- 
ters xvii and xviii. 

A brief summary statement, based on the above- 
mentioned chapters, concludes the main text. 



CHAPTER II 

TREATY RIGHTS 

THE TREATY-MAKING POWER 

The treaty-making power extends to all proper 
matters for negotiation between the United States 
and other nations. 1 Thus it has been held that regu- 
lation of the inheritance of property within the state 
is within the treaty-making power of the United 
States. 2 The ownership of land within the state is a 
proper subject for treaty regulation; conflicting state 
statutes give way in the face of such a treaty. 3 

Rut of course the treaty in question must be with 
the government of the particular alien claiming rights 
or privileges thereunder. A Chinese subject in Amer- 
ica looks to our treaties with China for his rights and 
privileges, and a Japanese subject resident here looks 
to existing treaties with Japan for his rights. 

Consequently, a treaty made by the United States 
with any particular government regulates contrary 
state laws; and its provisions therefore become assur- 
ance against any state action attempting to invade 
the rights of aliens guaranteed thereunder. For ex- 
ample, treaties may and often do provide against 
state discrimination in the taxing of resident aliens, 
and, as such, are applicable to state governments, so 
that any tax law attempting such discrimination is 
therefore unconstitutional. 4 

1133 U.S. 258 and 266 and 267; 140 U.S. 453; 252 U.S. 416; 
265 U.S. 332. 

2 191 Cal. 740; 218 Pac. 421. 

s 127 Cal. 431; 4 U.S. (L. Ed.) 234 and 467; 9 U.S. (L. Ed.) 71; 
100 U.S. 483; 133 U.S. 258; 144 111. 40; 109 Pac. 343; 58 Wash. 339. 

4 187 Cal. 20 (1921); 17 A.L.R. 630. 

59 



60 RESIDENT ORIENTALS 

, Likewise the treaty with Japan, specifying pur- 
poses for which subjects of one country may own or 
lease land in the other, by implication negatives the 
effect of state laws to the contrary. 5 A treaty, how- 
ever, may be so worded as to cover only part of a 
certain field as, for example, the ownership of prop- 
erty by aliens in the United States. Thus a treaty 
giving the right to hold realty in a state "in which 
foreigners shall be entitled to hold or inherit real 
estate," does not invalidate a state law or constitu- ~ 
tional provision against the holding of real estate 
by aliens. 6 

One and the same state law applying to all aliens 
may violate the provisions of an existing treaty with 
one country but not with another. An Iowa law put- 
ting higher inheritance taxes on property going to 
non-resident aliens was held violative of the existing 
treaty with Great Britain but not of the treaty with 
Denmark. 7 

Two outstanding principles are apparent from the 
foregoing: first, that treaty provisions may and do 
curtail state action in regard to resident aliens' rights; 
second, that, in the absence of controlling treaty pro- 
visions, the state is free to exercise its normal powers 
respecting all persons subject only to the provisions 
of the Constitution of the United States and Congres- 
sional legislation in pursuance thereof. 8 

The treaty powers, according to Dean William 
Draper Lewis, of the University of Pennsylvania Law 
School, are these: 

This summary of the uncertainties surrounding the ex- 
tent of the limitations on the treaty power of the federal 

s 44 Sup. Ct. Rep. 15. 

6 192 Pac. 991 (Wash. 1920). 

7 149 N.W. 593; 151 N.W. 504; 147 N.W. 1098; L.R.A. 1916A, 474. 
s 33 L.R.A. (N.S.) 632, and L.R.A. 1916 A, 474. 



TREATY RIGHTS 61 

government shows the state of unfortunate confusion which 
exists as to its limitations. It is possible for one to hold any 
one of three theories: 

First: That as a result of the Tenth Amendment matters 
subject to the legislative power of the states, and not subject 
to any legislative power conferred on Congress are not sub- 
ject to the treaty power. 

Second: That the treaty power is impliedly limited by 
the dual nature of our federal state; that the power cannot 
be so exercised as to interfere with the police powers of the 
states, using the term "police power" as including control 
over the organization of government, public property, public 
services, morals, and health. 

Third: That the treaty power is not limited either by the 
Tenth Amendment or by any implied reservations arising 
from the nature of our federal state. 9 

THE FORGE OF A TREATY 

The majesty of the treaty with foreign powers has 
an exalted position in American jurisprudence. The 
Federal Constitution, Article VI, Section 2, provides : 

This constitution and the laws of the United States which 
shall be made in pursuance thereof and all treaties made, or 
which shall be made, under the authority of the United 
States, shall be the supreme law of the land, and the judges 
in every state shall be bound thereby, anything in the con- 
stitution or laws of any state to the contrary notwithstanding. 

By this provision treaties, when made under the au- 
thority of the United States, are placed on an equal 
footing with the Constitution and acts of Congress 
thereunder. Consequently, all state laws or consti- 
tutional provisions contrary to a treaty made under 

9 Article by William Draper Lewis, "Treaty Powers : Protection 
of Treaty Rights by Federal Government," The Annals of the 
American Academy of Political and Social Science, Vol. 34, No. 2, 
(September, 1909), p. 102; also Quincy Wright, Control of Ameri- 
can Foreign Relations, p. 121, and article in American Journal of 
International Law, Vol. 13, p. 248. 



02 RESIDENT ORIENTALS 

the authority of the United States are suspended or 
controlled during the life of such treaty. 10 

Mr. Justice Butler, delivering the opinion of the 
Supreme Court of the United States in Askurq vs. The 
City of Seattle, 11 declared that a treaty "opBfciates of 
itself without the aid of any legislation, state or na- 
tional, and it will be applied and given authoritative 
effect by the courts." 12 

The peculiar force of a treaty is shown by an ab- 
sence of any record of any such international comity 
being declared unconstitutional, or of ariy actual de- 
cision of the United States Supreme Court ^p which 
a treaty provision has been declared to be beyond the 
treaty power. 

On the other hand, as indicated above, the treaty 
does prevail over state laws. In the Terui case it is 
stated: 

.... No state can set up its laws as against the grant of 
any particular right, privilege, or immunity. No state can 
say a treaty may grant to alien residents equality of treatment 
as to property but not as to education, or as to the exercise 
of religion and as to burial but not as to education, or as to 
education but not as to property or religion. That would be 
substituting the mere will of the state for the judgment of 
the President and Senate in exercising a power committed 
to them and prohibited to the states by the Constitution. 13 

That the broader interpretation of the treaty is a 
rule of international courtesy, so sanctioned by prac- 
tice as to have almost become international law has 
been expressed. 

1051 Cal. App. 317; 257 U.S. 658; 42 Sup. Ct. Rep. 185; 16 
L.R.A. 277; 3 Dall (U.S.) 199; 100 U.S. 483. 

11 265 U.S. 332. 

122 Pet. (U.S.) 253, 314; 112 U.S. 580 and 598; 112 U.S. 536, 
540; 124 U.S. 190, 194; 213 U.S. 268, 272. 

is Documental History of Law Cases Affecting Japanese in the 
United States, 1914-1924, Vol. I, p. 219 (San Francisco). 



TREATY RIGHTS 63 

A treaty is to be construed on principles similar to those 
applied to other contracts and statutes. Anything necessarily 
implied is as though inserted. In the construction of treaties, 
words are to be taken as understood in the public law of 
nations, and not in any artificial or special sense impressed 
by local law, unless the restricted sense is clearly intended. 
Where a treaty admits of two constructions, one restrictive 
of rights that may be claimed under it and the other favor- 
able to them, the latter is to be preferred. 14 

The dictates of international justice under which 
citizens and nationals are equal before the law are 
expressed thus by Mr. Elihu Root, in his address as 
president of the American Society of International 
Law, 1910: 

Between countries which maintain effective government 
for the maintenance of order within their territories, the 
protection of one country for its nationals in foreign terri- 
tory can be exercised only by calling upon the government 
of the other country for the performance of its international 
duty, and the measure of one country's international obli- 
gation is the measure of the other country's right. The rule 
of obligation is perfectly distinct and settled. Each country 
if bound to give to the nationals of another country in its 
territory the benefit of the same laws, the same administra- 
tion, the same protection, and the same redress for injury 
w r hich it gives to its own citizens, and neither more nor 
less: provided the protection which the country gives to its 
own citizens conforms to the established standard of civili- 
zation. 

There is a standard of justice, very simple, very funda- 
mental, and of such general acceptance by all civilized coun- 
tries as to form a part of the international law of the world. 
The condition upon which any country is entitled to measure 
the justice due from it to an alien by the justice which it 
accords to its own citizens is that its system of law and 
administration shall conform to this general standard. If any 
country's system of law and administration does not con- 
form to that standard, although the people of the country 
may be content or compelled to live under it, no other 

14R.C.L., 926-927. 



64 RESIDENT ORIENTALS 

country can be compelled to accept it as furnishing a satis- 
factory measure of treatment to its citizens. 15 

After citing the remarks of Lord Palmerston in the 
great Don Pacifico case, h£ continues: 

Nations to which such observations apply must be content 
to stand in an intermediate position between those incapable 
of maintaining order, and those which conform fully to the 
international standard. With this understanding there are 
no exceptions to the rule and no variations from it. There 
may be circumstances at particular times and places such 
that the application of the rule calls for action regarding 
foreign citizens quite unlike the action ordinarily taken for 
the benefit of native citizens, but it is always action which 
would be equally required in case a native citizen were 
placed under the same circumstances of exigency. 16 

TREATIES WITH JAPAN AND CHINA 

The treaties which most concern the rights and 
obligations of resident aliens on the Pacific Coast are 
those with Japan and China. A complete text of the 
existing treaties between the United States and both 
of these nations will be found in Select Documents 
A and F. Some of the outstanding provisions of each 
are referred to below as illustrative of the extent to 
which these treaties affect the legal status of Japanese 
and Chinese aliens on the Pacific Coast. 

RELATION OF JAPANESE TREATY TO TRADE 

Article I of the existing Japanese- American Treaty 
ratified in 1911, provides as follows: 

The citizens or subjects of each of the high contracting 
parties shall have liberty to enter, travel, and reside in the 
territories of the other; to carry on trade, wholesale or retail, 
to own or lease and occupy houses, manufactories, ware- 
houses, and shops; to employ agents of their choice; to lease 

is Elihu Root, Addresses on International Subjects (Cambridge, 
1916), pp. 48-49. 

16 Root, op. cit. pp. 49-50. 



TREATY RIGHTS 65 

land for residential and commercial purposes; and generally 
to do anything incident to or necessary for trade upon the 
same terms as native citizens or subjects, submitting them- 
selves to the laws and regulations there established. 

The following incident illustrates the effective way 
in which this treaty provision secures valuable guar- 
anties to the resident Japanese on the Pacific Coast. 
The city of Seattle, in 1921, passed an ordinance pro- 
viding that only citizens should be licensed as pawn- 
brokers in that city. The Washington Supreme Court 
held this ordinance constitutional, but the Supreme 
Court of the United States reversed the judgment as 
applied to a Japanese in the United States, as in vio- 
lation of the foregoing "trade" provision in the treaty 
with Japan. 17 Mr. Justice Butler, speaking for the 
Court, said: "The language of the treaty is compre- 
hensive, the phrase 'to carry on trade,' is broad. That 

it is not to be given a restricted meaning is plain 

There is nothing in the character of the business of 
pawnbroker which requires it to be excluded from 
the field covered by the above-quoted provision, and 
it must be held thatsuch business is 'trade' within the 
meaning of the treaty. The ordinance violates the 
treaty. We need not consider other grounds upon 
which it is attacked." 

LAND LEGISLATION AND THE TREATY WITH JAPAN 

The language of the treaty with Japan around 
which much controversy has arisen is in respect to 
owning, leasing, and occupying houses, manufacto- 
ries, warehouses, and shops, and the leasing of land 
for residential and commercial purposes. This is the 
only direct guaranty of the right to own real property 
in the United States included in the treaty. Conse- 
quently, the rest of the field of real property owner- 

17 122 Wash. 81; 265 U.S. 332. 



66 RESIDENT ORIENTALS 

ship is left subject to state regulation. All three of 
the Pacific Coast states have seen fit definitely to oc- 
cupy this remaining field and regulate the ownership 
of real property by Japanese resident here. Califor- 
nia, by her Alien Land Law of 1913, and again by the 
initiative measure of 1920 as amended in 1923, denies 
to all aliens ineligible to citizenship the right to own 
real property in the state except as guaranteed by 
treaty. Oregon does likewise expressly, and prac- 
tically the same result is reached in Washington. 

Consequently the only rights to own any interest 
in real property the alien ineligible to citizenship en- 
joys in these three states are those provided for by 
treaty. 

Therefore the treaty provisions above mark at 
once the extent and the limitations of the right of 
Japanese to own land in the three Pacific Coast states. 
As pointed out by the Supreme Court of the United 
States in the leading case of Terrace vs. Thompson, 
testing the constitutionality of the Washington Alien 
Land Law, the treaty with Japan specifying the pur- 
poses for which subjects of one country may own or 
lease land in the other, impliedly negatives the right 
to own or lease land for purposes not specified. 18 And 
it was definitely held in the case of Frick vs. Webb, 19 
that the foregoing provisions of the treaty with Japan 
do not confer on the Japanese alien resident here the 
right to hold land for agricultural purposes. 

In fact, the foregoing guaranties as to land owner 
ship seem to have been purposely limited to resi- 
dential, commercial, and manufacturing activities 
and were not meant to extend further. The Japanese 
American Treaty of 1911 as originally drafted per 
mitted leasing land for residential, commercial, in 

is Terrace vs. Thompson, 44 Sup. Ct. Rep. 15. 
1944 Sup. Ct. Rep. 115. 



I 



TREATY RIGHTS 67 

dustrial, maufacturing, and other lawful purposes, 
but the words "industrial" and "other lawful pur- 
poses" were purposely omitted when the treaty was 
signed, showing the definite intention not to extend 
these guaranties that far. 

In our official papers, the communication of the 
American Secretary of State to the Japanese Ambas- 
sador, dated July 16, 1913, contains this passage: 

It will be observed that in this clause, which was intended 
to deal with the subject of real property, there is no ref- 
erence to the ownership of land. The reason of this omission 
is understood to be that the Imperial Government desired to 
avoid treaty engagements concerning the ownership of land 
by foreigners and to regulate the matter wholly by domestic 
legislation. 

In the treaty as signed the rights of the citizens and 
subjects of the contracting parties with reference to real 
property were specifically dealt with (Art. I) in the stipula- 
tion that they should have liberty "to own or lease and 
occupy houses, manufactories, warehouses, and shops," and 
"to lease land for residential and commercial purposes." It 
thus appears that the reciprocal right to lease land was con- 
fined to "residential and commercial purposes," and that the 
phrases "industrial" and "other lawful purposes," which 
would have included the leasing of agricultural lands, were 
omitted. 

The question of the ownership of land was, in pursuance 
of the desire of the Japanese government, dealt with by an 
exchange of notes in which it was acknowledged and agreed 
that this question should be regulated in each country by 
the local law, and that the law applicable in the United 
States in this regard was that of the respective states. This 
clearly appears from the. note of Baron Uchida to Mr. Knox, 
of February 21, 1911, in which, in reply to an inquiry of the 
latter on the subject, Baron Uchida said: 

"In return for the rights of land ownership which are 
granted Japanese by the laws of the various states of the 
United States (of which, I may observe, there are now about 
thirty) the Imperial Government will by liberal interpreta- 
tion of the law be prepared to grant land ownership to 
American citizens from all the states, reserving for the future, 



68 RESIDENT ORIENTALS 

however, the right of maintaining the condition of reci- 
procity, with respect to the separate states/' 

In quoting the foregoing passage I have italicized the last 
clause for the purpose of calling special attention to the fact 
that the contracting parties distinctly understood that, in 
conformity with the express declaration of the Imperial 
Japanese Ambassador, the right was reserved to maintain as 
to land ownership the condition of reciprocity in the sense 
that citizens of the United States, coming from states in 
which Japanese might not be permitted to own land, were 
to be excluded from the reciprocal privilege in Japan. 20 

Affirming this interpretation, Mr. Justice Butler in 
Frick vs. Webb 21 says: 

The treaty does not grant permission to the citizens or 
subjects of either of the parties in the territories of the other 
to own, lease, use, or have the benefit of lands for agricultural 
purposes, and, when read in the light of the circumstance 
and negotiations leading up to its consummation, the lan-j 
guage shows that the parties respectively intended to with- 
hold a treaty grant of that privilege. 

The Washington Alien Land Law of 1921, Laws of 
1921, chap, v, applies to all aliens eligible or ineligible 
to citizenship. This law was held constitutional and 
not in violation of the treaty with Japan in Terrace 
vs. Thompson, op. cit. It was also held not to be in 
violation of the existing treaty with Great Britain. 22 
Since Oregon's Anti-Alien Land Law, adopted in 1923, 
is practically a copy of California's law, it will re- 
ceive in the light of existing treaties an interpreta- 
tion similar to the California law, with like results. 
Hence, to determine just what the property rights of 
aliens on the Pacific Coast are, it is necessary to look 
both to the treaty rights guaranteed and to the anti- 
alien land laws of the various states. The net result 
of both treaty provisions and state statutes regulating 

20 Foreign Relations of the United States, 1913, p. 643. 

21 263 U.S. 326, 333. 

22 State vs. O'Connell, 209 Pac. 865. 



TREATY RIGHTS 69 

the ownership of real property will be gone into more 
specifically in the chapter on property rights of Asi- 
atic aliens on the Pacific Coast, infra. 

RELATION OF JAPANESE TREATY TO TAXATION 

Article I of the Japanese-American Treaty further 
provides : 

They shall not be compelled, under any pretext whatever, 
to pay any charges or taxes other or higher than those that 
are or may be paid by native citizens or subjects. 

So, when the California legislature passed a statute 
in 1921 23 providing for an annual poll tax of $10 on 
all aliens hetween the ages of 21 and 60 resident in 
California, except paupers, idiots, and insane per- 
sons, this law was declared unconstitutional and in- 
effective as applied to Japanese, because in violation 
of the treaty provision above. 24 The law is also un- 
constitutional as applied to Chinese by virtue of a 
like provision in the treaty with China. 

RELATION OF JAPANESE TREATY TO PERSONAL PROTECTION 

Article I of the Japanese-Amercian Treaty of 1911 
further provides: 

The citizens or subjects of each of the high contracting 
parties shall receive, in the territories of the other, the most 
constant protection and security for their persons and prop- 
erty, and shall enjoy in this respect the same rights and 
privileges as are or may be granted to native citizens or 
subjects, on their submitting themselves to the conditions 
imposed upon the native citizens or subjects. 

Consequently, the courts of this country have been 
held to be as freely open to Japanese aliens here as to 
citizens. But of course this treaty provision does not 

23 1921 Stats., p. 613. 

24 Ex parte Terui, 187 Cal. 20; 200 Pac. 954; Ex parte Kotta, 
187 Cal. 27; 200 Pac. 957; 17 L.R.A. 630. 



70 RESIDENT ORIENTALS 

deprive the states of the power of reasonable classifi- 
cation 25 among aliens, for that power is also exercised 
as to citizens; and as long as the classification is j 
reasonable, even though it does fall along racial lines 
or between aliens eligible to citizenship and those 
ineligible, or between declarant and non-declarant 
aliens, such classification does not violate the above- 
mentioned treaty provision. This has been uniformly 
held in respect to like provisions in all treaties made 
by the United States. In other words, such a treaty 
provision does not place the alien on a higher plane 
in respect to reasonable classification by state gov- 
ernments than the citizen occupies. Hence, the classi- 
fications indicated above in the Alien Land Laws of 
the three Pacific Coast states are not in violation of 
this clause of the treaty with Japan, or of like clauses 
in any treaty. 

For example, a Pennsylvania law prohibiting 
aliens killing wild game in the state, except in de- 
fehse of person and property, was held not in viola- 
tion of a like provision in the treaty with Italy. 26 A 
New York statute forbidding the employment of 
aliens on public works of the state was held not in 
violation of like provisions in existing treaties. 






27 



25 The scope of "reasonable classification" is not clearly 
marked. Mr. Justice Brewer said: 

"Such classification cannot be made arbitrarily. The state may 
not say that all white men shall be subject to the payment of at- 
torney's fees of parties successfully suing them, and all black men 
not. It may not say that all men beyond a certain age shall be 
alone thus subjected, or all men possessed of certain wealth. 
These are distinctions which do not furnish any proper basis for 
the attempted classification. That must always rest upon some 
difference which bears a reasonable and just relation to the act 
in respect to which the classification is proposed, and can here 
be made, arbitrarily and without any such basis." (Gulf Coast and 
San Francisco Railway Co. vs. Ellis, 165 U.S. 150). 

^Pastone vs. Pennsylvania (1924), 232 U.S. 138. 

27 239 U.S. 195. 



TREATY RIGHTS 71 

* 

These are but illustrative of many like classifications 
throughout the United States that have been held not 
in violation of treaty provisions, because in the for- 
mer case, game is regarded as state property; in the 
latter case, employment on public works is regarded 
as clothed with a special public interest. 

RELATION OF JAPANESE TREATY TO PATENT RIGHTS 

Article XIV of the Japanese-American Treaty of 
1911 gives the Japanese the same protection as native 
citizens or subjects in regard to patents, trademarks, 
and designs, upon fulfilment of the formalities pre- 
scribed by law. 

The foregoing illustrative provisions of the treaty 
with Japan are sufficient to show, to an extent at 
least, the degree to which treaties check on state 
action, also the amount of protection given resident 
aliens by their execution. It is apparent that an alien 
receives special protection when specific matters are 
cited in a treaty. 

PROVISIONS OF CHINESE TREATY 

The existing treaty with China provides like pro- 
tection of the rights of Chinese aliens resident in the 
Pacific States. For example, the Chinese have the 
right to labor and follow any lawful pursuit or call- 
ing in America not denied subjects of other Powers. 2 " 
So the California constitutional provision 29 forbid- 
ding corporations to employ Chinese was early held 
invalid, as violative of Articles V and VI of the then 
existing treaty with China, also of the Constitution 
of the United States. A California statute forbidding 
Chinese to fish in the state, when so worded as not 

28 4 Sawyer 28. 

29 Cal. Const., Art. 19. 



72 RESIDENT ORIENTALS 

to apply to all other aliens, met a like fate. 30 Like- 
wise a San Francisco ordinance requiring the recom- 
mendation of twelve citizens and taxpayers living in 
the same block where the laundry was to be main- 
tained in order to secure a license to run the laundry 
was held to be particularly aimed at the Chinese, and 
therefore was invalid as violating both the Four- 
teenth Amendment and the provisions of the treaty 
with China. 31 

Provisions of the anti-alien land laws of the three 
Pacific Coast states apply to Chinese in the same 
manner, as indicated above, in respect to the Japa- 
nese. Hence, the Chinese rights to own any interest 
in real property in these states are determined like- 
wise by the extent of their guaranty under the exist- 
ing treaty with China, and by the alien land law in 
the particular state. The effect of treaty provisions 
and alien land laws in respect to both Chinese and 
Japanese will be more fully discussed in the chapter 
on "Property Rights." 



VIOLATION OF TREATIES 

That there have been clear cases of the violation 
in America of treaty rights, by individuals, in respect 
to both property and personal relations, as evidenced 
by past treatment of the Chinese, is unquestioned. 82 
But there is certainly no outward complaint on this 
score in recent years. The matter of construction of 
the treaty with reference to intent of parties con- 
cerned and the particular circumstances is a subject 
which cannot be discussed further here except to 
state that the main issues between the trans-Pacific 

306 Sawyer (U.S.) 451. 

si In re Quong Woo, 13 Fed. 229. 

32 See article by ex-Secretary of the State John W. Foster, "The 
Chinese Boycott," Atlantic Monthly, January, 1906, with special 
reference to precedent, also the Boston raid of October 11, 1902. 



TREATY RIGHTS 73 

countries have not been primarily treaty questions. 
Thus, the School Incident of 1906 involved "no real 
question of power arising under this (1894) Japanes* 
Treaty and no question of state rights. " ] 

The Gentlemen's Agreement was an executive 
agreement never communicated to the treaty-making 
branch of our government; and the land acts were 
constitutional rather than treaty questions. 

Therefore one should look outside these treaties 
for basic evidence of unfair treatment with respect 
to leading questions of immigration and treatment 
of nationals. 

To summarize, then, treaty provisions have equal 
standing under the Constitution of the United 
States with laws of Congress as the supreme law 
of the land. The operation of state constitutional 
provisions or laws is suspended during the life of the 
treaty. The treaty-making power is extensive, conse- 
quently treaty provisions cover a considerable va- 
riety of subjects touching the lives and property of 
resident aliens in the United States. In the interpreta- 
tion of the words, "reasonable classification," the 
courts are introducing a constantly widening field, 
but are giving a narrower interpretation to the words, 
'protection and security." These provisions operate 
as effective checks on state legislation touching the 
rights and duties of all aliens, well illustrated by the 
similar provisions of the existing Chinese-American 
and Japanese-American treaties. These two treaties 
are fairly comparable to the general run of treaties 
made by the United States with the principal civilized 
nations touching the rights of aliens resident in the 
United States. 

The second great bulwark of resident alien rights 
and privileges will be discussed in the next chapter. 

33 Root, op. eit., p. 20. 



CHAPTER III 

CONSTITUTIONAL GUARANTIES 

THE CONSTITUTION OF THE UNITED STATES 

Treaties are law in the United States, and a ques- 
tion of treaty character is usually a question of ju- 
dicial character. But many responsibilities are not 
defined by treaty. Consequently, the legal power to 
meet them may be wanting. 1 

Dr. Quincy Wright gives this conclusion regarding 
the position of municipal enforcement in interna- 
tional affairs: 

The municipal enforcement of international law is a 
matter of great importance from the standpoint both of inter- 
national law and of national policy. There are no administra- 
tive or judicial authorities with coercive power except those 
of territorial states. The growth of international unions and 
administrative organs has been rapid in the last few years, 
but such bodies still rely on states for effectiveness. Power 
is essential to effective sanction, and power is still controlled 
by states exclusively. Rules of international law cannot, 
therefore, be effective unless enforced by state authorities as 
municipal law. 

National policy likewise dictates the provision of mu- 
nicipal measures for enforcing international obligations. 
Since the Alabama Claims arbitration it has been clear that 
lack of such laws will not relieve the state from responsi- 
bility. Liability to indemnity, reprisal, or war can only be 
avoided by a strict observance of international duty, and 
this observance can in many cases be assured only by ade- 
quate provisions of municipal law. 2 

i For further discussion of this point, refer to chapter ii. 

2 Quincy Wright, The Enforcement of International Law 
through Municipal Law in the United States, University of Illinois 
Studies in the Social Sciences, Vol. V, No. 1 (March, 1916), 
pp. 228-229. Footnotes omitted. 

74 



CONSTITUTIONAL GUARANTIES 75 

Parenthetically, it should never be forgotten that, 
as expressed by William Penn in this quaint com- 
parison: "Governments, like clocks, go from the 
motion men give them; and as governments are 
made and moved by men, so by them they are ruined, 
too. Therefore, governments depend upon men 
rather than men upon governments." 3 The lan- 
guage of the famous Massachusetts Bill of Rights is 
to the same effect. To be specific, those matters which 
should resist temporary change are embodied in the 
Constitution rather than in ordinary legislation : they 
include "animal heredity, reflex action, appetites, 
passions, phantasies, illusions; these are the primi- 
tive forces to be regulated by human government. 
Can this control be accomplished by mere precepts, 
statutes, and codes of written law? It would seem 
that a certain despotism would be necessary to carry 
these into effect; and this is what we find was actually 
the case." 4 

LIMITATIONS ON ALIENS 

Racial legislation in the United States has been 
enacted within the past three-quarters of a century. 
The adjustment of legal, political, and social rights 
and privileges for the emancipated negro has been 
the basis of the greater part of public regulations. 
Still, there have been separate recognized classifica- 
tions for the various groupings; namely, the Ameri- 
can Negro, the American Indian, aliens, and Eastern 
Asiatics with distinct procedure for Chinese, Japa- 
nese, and Hindus. These latter, for many purposes, 
now form the alien-ineligible-to-citizenship class, as 
these non-whites are now known by reason of recent 
decisions of the Supreme Court. 

3 J. M. Beck, The Changed Conception of the Constitution, p. 11. 

4 David J. Hill, Human Nature in the Constitution, p. 33. 



76 RESIDENT ORIENTALS 

The juridical position of the non-white class is 
explained in detail later in the chapter: in brief, the 
limitations are confined in their application mainly 
to exclusion and land laws. In practically all other 
respects the Chinese and Japanese occupy a status 
not different from Europeans or others, as laid down 
in this ruling by Mr. Justice Field of the United States 
Supreme Court. 

But in our country, hostile and discriminating legislation 
by a state against persons of any class, sect, creed, or nation 
in whatever form it may be expressed, is forbidden by the 

Fourteenth Amendment of the Constitution And the 

equality of protection thus assured to everyone whilst within 
the United States, from whatever country he may have come, 
or of whatever race or color he may be, implies not only that 
the courts of the country shall be open to him on the same 
terms as to all others for the security of his person or prop- 
erty, the prevention or redress of wrongs, and the enforce- 
ment of contracts, but that no charges or burdens shall be 
laid upon him which are not equally borne by others, and 
that in the administration of criminal justice he shall suffer 
for his offenses no greater or different punishment. 5 

There are many cases of obvious discrimination not 
tested out in the courts, which are doubtless subver- 
sive of the foregoing statement of alien rights. 

OBLIGATIONS OF ALIENS 

Nor should it be forgotten that it is a cardinal 
principle of any government that, where rights are 
given, corresponding duties are demanded in return; 
that where constitutional guaranties are extended, 
corresponding obligations are owed. Consequently 
the resident alien who enjoys the constitutional guar- 
anties and privileges outlined above in America owes 
some obligations in return. Certainly the alien owes 
the duty of obeying all the laws in effect here, and the 

5//o Ah Kow vs. Nunan, 5 Sawyer (U.S.) 562. 



CONSTITUTIONAL GUARANTIES 77 

obligation of keeping the peace. All resident aliens 
are fully liable for crime, unless the liability is varied 
by treaty. 6 The resident alien is not liable for military 
service in this country, but if he voluntarily enlists 
in the forces of the United States, he cannot then get 
a discharge on the ground of his alienage. 7 In addi- 
tion, there are many duties owed by the alien resident 
here, including refraining from all manner of inter- 
ference with the activities of the government both 
during war and peace times. 

THEORETICAL EQUALITY OF ALIENS AND CITIZENS 

Aliens are as sensitive as Americans to discrimina- 
tions in theory or in fact. The usual grounds for 
complaint are on the basis of race, color, language, 
personal privilege, and apparent general inferiority. 
Therefore the outright safeguards afforded by Ameri- 
can jurisprudence in these five respects are of un- 
questioned merit. 

That race constitutes a cause for legal prejudice is 
discussed historically by careful writers. 8 The federal 
Constitution is the foreigner's charter of rights. The 
court decisions are emphatic on this issue. 

Likewise color of the skin is especially cited as an 
inappropriate subject for judicial action. The Ozawa 
decision is merely another official affirmation of this 
firm American stand. 

To speak a foreign language does not interfere 
with equal rights. In the Meyer vs. State of Nebraska 
case (1923), Mr. Justice McReynolds delivered the 
opinion of the highest court in these words : 

6 1 Hill (N.Y.) 377. 7 l Rob (Va.) 615. 

8 M. J. Kohler, "Un-American Character of Race Legislation," 
The Annals of the American Academy of Political and Social 
Science (1909), Pub. No. 581, pp. 55-73; G. T. Stephenson, "Race 
Discriminations in American Law," 43 American Law Review 
(1909), pp. 362-379. 



78 RESIDENT ORIENTALS 

That the state may do much, go very far, indeed, in order 
to improve the quality of its citizens, physically, mentally, 
and morally, is clear; but the individual has certain funda- 
mental rights which must lie respected. The protection of 
the Constitution extends to all, to those who speak other 
languages as well as to those born with English on the tongue. 
Perhaps it would be highly advantageous if all had ready 
understanding of our ordinary speech, but this cannot be 
coerced by methods which conflict with the Constitution — a 
desirable end cannot be promoted by prohibited means. 9 

Personal privilege based on a semi-caste system 
likewise does not appear except in isolated cases; for, 
as Professor F. J. Stimson, of Harvard University, 
writes : 

Personal privilege, depending not upon race, but upon 
legislation, or inheritance, is, of course, strictly forbidden 
in each state by both constitutions, state and federal. The 
growth of a contrary principle is only noteworthy on the 
two lines touching respectively the whites in the South and 
veterans of wars in the North. It must be said that legislation 
in the interest of the Grand Army of the Republic, and even 
of the veterans of the Spanish War, and even in some states 
of the sons or descendants of such veterans respectively, has 
come very near the point of hereditary or social privilege. 
The struggles of so-called "Organized Labor" to establish a 
privilege caste have so far been generally unsuccessful, al- 
ways so in the courts, and usually so in the legislatures; but 
in many states those who have enlisted in either wars, Civil 
or Spanish, wholly irrespective of actual service or injury, 
are entitled not only to pensions, federal and state, but to a 
diversity of forms of state aid, to general preference in 
public employment, and even to special privilege or exemp- 
tion from license taxes, etc., in private trades, and their 
children or descendants are, in many states, entitled to 
special educational privilege, to support in state schools or 
industrial colleges, to free textbooks, and other advantages. 10 

Finally, any thought of inferiority is not preva- 
lent in the minds of most persons, and certainly is 

9 Documental History of Law Cases Affecting Japanese in the 
United States, Vol. I, p. 273. 

io Frederic J. Stimson, Popular Law-Making, p. 315. 



i 



CONSTITUTIONAL GUARANTIES 79 

abruptly and forcibly dismissed in the Ozawa deci- 
sion (see Select Document M) as in other cases, 
notably that of Plessy vs. Ferguson, when Mr. Justice 
Brown of the Supreme Court of the United States 
uttered these words : 

The object of the Fourteenth Amendment was undoubt- 
edly to enforce the absolute equality of the two races before 
the law, but in the nature of things it could not have been 
intended to abolish distinctions based upon color, or to 
enforce social as opposed to political equality, or a com- 
mingling of the two races upon terms unsatisfactory to 
either. Laws permitting, and even requiring, their separation 
in places where they are liable to be brought in contact do 
not necessarily imply the inferiority of either race to the 
other, and have been generally if not universally, recognized 
as within the competency of the state legislatures in the exer- 
cise of their police power. .... We consider the under- 
lying fallacy of the plaintiff's argument to consist in the 
jassumption that the enforced separation of the two races 
stamps the colored race with a badge of inferiority. If this 
be so it is not by reason of anything found in the act, but 
solely because the colored race chooses to put that con- 
struction upon it. 11 

But with this introductory survey, let us now ex- 
amine the actual laws and court records. 

STATUS OF ALIENS UNDER FEDERAL CONSTITUTION 

Section I of the Fourteenth Amendment to the 
Constitution of the United States provides among 
other things that "all persons born or naturalized 
in the United States and subject to the jurisdiction 
thereof, are citizens of the United States and of the 
state wherein they reside." "All persons" are words 
of general application restricted only by place or 
jurisdiction, and not by color or race. 12 This case 

11 Andrew A. Bruce, "Racial Zoning by Private Contract in the 
Light of the Constitution and the Rule against Restraints on 
Alienation," Illinois Law Review, p. 707. 

12 United States vs. Wong Kim Ark, 169 U.S. 676. 






80 RESIDENT ORIENTALS 

held that a Chinese child born in the UnitecL States 
of Chinese parents, domiciled in the United States 
hut subjects of China, was a citizen of the United 
States. The same has been held of Japanese children 
horn here. By exclusion, all other persons resident 
here, not born or naturalized in the United States, and 
subject to the jurisdiction thereof, are aliens. The 
status of persons as citizens or aliens, respectively, 
is controlled entirely by the Constitution of the 
United States and the Acts of Congress in pursuance 
thereof. 13 

But a state can pass various laws defining the 
rights of aliens in various fields, for example, the 
ownership of property within the state by aliens, 
subject of course to treaty provisions entered into by 
the government of the United States. 14 

The Constitution of the United States does not ex- 
pressly define the status of an alien. Nevertheless, 
certain provisions of the Constitution as interpreted 
by the courts have been held to extend to aliens. 
These, together with treaties made under the author- 
ity of the United States, with acts of Congress in the 
field of federal authority, and with the provisions of 
state constitutions and laws in the realm of state 
powers, give the resident alien a reasonably well- 
defined legal status in the United States; they define 
the rights and obligations attached thereto. 

Many of our constitutional guaranties and privi- 
leges are not limited to citizens of this country but 
extend to all resident aliens as well. In fact, wher- 
ever the Constitution uses the broad terms "persons" 
or "people," the courts quite generally have held that 
these provisions apply to resident aliens as well as to 

13 Cal. Juris., Vol. 1, p. 900; 165 Cal. 776; 134 Pac. 713; L.R.A. 
1916D, 127. 

14 127 Cal. 431; 180 U.S. 333. 



CONSTITUTIONAL GUARANTIES 81 

citizens, and to resident aliens ineligible to citizen- 
ship as well as to those eligible. 

Thus the Fourth, Fifth, and Sixth Amendments to 
the Constitution of the United States, defining and 
protecting the rights of the people against undue ac- 
tion by the federal government, have all been held 
to apply equally to aliens and to citizens. 15 By the 
Fourth Amendment to the Constitution of the United 
States, resident Asiatic aliens on the American Pacific 
Coast are secure from unreasonable searches and 
seizures by the federal government; and by the Fifth 
Amendment from being placed twice in jeopardy for 
the same offense, from being deprived of life, liberty, 
or property by the federal government without due 
process of law, or from being compelled to testify 
against their interests in a criminal case. Nor can 
their property be taken by the federal government 
for public use without just compensation. By the 
Sixth Amendment, these resident Asiatic aliens are 
guaranteed the right of jury trial in all federal crimi- 
nal cases, although it has been held that this guaranty 
does not extend to the privilege of having members 
of an alien's own race on the jury in such cases. 16 By 
the same Amendment, the resident Asiatic alien in 
the United States has the right of confrontation of 
witnesses testifying for or against him in a federal 
case, and of compulsory process or witnesses in his 
favor. 17 

Yet, the protection guaranteed by the highest law 
of the country has not always been upheld by the 
lower courts, and naturally appeal to the higher 
courts tends to be difficult and costlv. In fact, the 
discrepancy between the sentiment of the federal 

3M63 U.S. 228; 265 Fed. 17. 

16 207 U.S. 142. 

i7 163 U.S. 228; 265 Fed. 17. 



82 RESIDENT ORIENTALS 

Constitution and local public opinion sometimes leads 
to an evasion of the law and may be one of the causes 
of corruption in local government — as, for example, 
where, unable to levy special taxes upon aliens, local 
municipal authorities have for long periods levied 
graft upon them without having to meet a hostile 
public opinion. 

STATUS OF ALIENS UNDER STATE CONSTITUTIONS 

In the Constitution of each of the Pacific Coast 
states there are similar provisions which have like- 
wise been held to extend to all resident aliens. Thus 
by Article I, Section 4, of the California Constitution, 
the resident Asiatic alien among others is guaranteed 
the free exercise and enjoyment of religious profes- 
sion and worship; religious belief does not render 
any alien incompetent as a witness in any trial. The 
right of bail is extended to all persons, alien and 
citizen alike, by Article I, Section 6. Likewise the 
right of trial by jury is given by Article I, Section 7, 
in all cases where such right existed at common law. 
The right to assemble freely together to consult for 
the common good is guaranteed to all people of the 
state in Article I, Section 10. Article I, Section 13, 
gives the right of an accused, alien or citizen alike, to 
a speedy and public trial, "to have the process of the 
court to compel the attendance of witnesses in his 
behalf and to appear and defend in person and with 
counsel." Likewise, "no person shall be twice put in 
jeopardy for the same offense; nor be compelled, in 
any criminal case, to be a witness against himself; 
nor be deprived of life, liberty, or property, without 
due process of law." 

Nor can the private property of an Asiatic alien 
in California be taken or damaged for public use 
without just compensation (Article I, Section 14). 



CONSTITUTIONAL GUARANTIES 83 

Article I, Section 15, provides: "No person shall be 
imprisoned for debt in any civil action, or mesne or 
final process, unless in cases of fraud, nor in civil 
action for torts except in cases of wilful injury to 
person or property; and no person shall be impris- 
oned for a militia fine in time of peace." 

The Asiatic alien in Oregon or Washington enjoys 
similar constitutional guaranties because of the simi- 
lar provisions in the two state constitutions. 

RESIDENT ALIENS AND THE FOURTEENTH AMENDMENT 

Extensive as the foregoing constitutional guaran- 
ties to aliens are, it is generally recognized, neverthe- 
less, that the great citadel of constitutional protection 
for the alien against undue action on the part of any 
state or subdivision thereof is the Fourteenth Amend- 
ment to the Constitution of the United States, which 
provides, among other things : ". . . . nor shall any 
state deprive any person of life, liberty, or property, 
without- due process of law; nor deny to any person 
in its jurisdiction the equal protection of the laws." 
Aliens in the United States are within this clause of 
the Fourteenth Amendment and as fully protected 
thereby as are citizens. 18 

No distinction whatever is made between aliens 
eligible or ineligible to citizenship in this respect. 19 
This provision, it will be noted at the outset, applies 
only to action by the various states or subdivisions 
thereof. 20 

The far-reaching application and effect of these 
constitutional guaranties are illustrated by the pro- 
is Ex parte Kotta (1921), 187 Cal. 27; 200 Pac. 957; 116 Atl. 758 
(N.H. 1922); 118 U.S. 356; 14 L.R.A. (note) 584; 136 U.S. 436; 148 
U.S. 657. 

i9 118 U.S. 356; 2 Fed. 733; 3 Sawyer £U.S.) 144; 149 U.S. 698; 
231 Pac. 554; 263 U.S. 197 and 225 and 313; 268 U.S. 258. 

20IOO U.S. 318; 203 U.S. 1. 



<S t RESIDENT ORIENTALS 

visions of the Act of Congress of May 31, 1870, which 
make effective the provisions above whereby "aHper- 
sons in the jurisdiction of the United States shall have 
the same right in every state and territory to make 
and enforce contracts, sue, be parties, give evidence, 
and to the full and equal benefits of all laws and pro- 
ceedings for the security of persons and property, as 
is enjoyed by white citizens, and shall be subject to 
the same penalties and exactions of every kind." 21 

These provisions apply to all aliens and, as a con- 
sequence, Asiatic aliens on the Pacific Coast are 
brought under their terms. It is therefore clear that 
the Fourteenth Amendment adds far-reaching guar- 
anties to the alien's store of constitutional protection 
in America. 

For example, a poll tax levied on aliens alone 
violates the equal-protection clause of the Fourteenth 
Amendment. 22 Soon after the Fourteenth Amendment 
was adopted, it was held that the right to property 
guaranteed therein includes the right to labor in the 
ordinary occupations. So a California constitutional 
provision 23 and a California statute carrying the same 
into effect prohibiting the employment of Chinese by 
a private corporation was early held unconstitutional 
and void. 24 This law was held unconstitutional on a 
double ground, not only as being in conflict with the 
provisions of the Fourteenth Amendment but also 
with Articles 5 and 6 of the existing treaty with 
China. This same principle has been recently upheld 
by various United States Supreme Court decisions. 25 

2i U.S. Rev. Stats. No. 1977; 2 Fed. Stats. Ann. (2d edition) 126. 
22 Ex parte Kotta (1921), 187 Cal. 27; 200 Pac. 957. 
23 Cal. Const., Art. 19, Sec. 2. 
24//? re Parrott, 1 Fed. 481. 

25 94 Me. 192; 82 Fed. 257; 202 N.Y. Supp. 549; 44 Sup. Ct. 
Rep. 15. 



CONSTITUTIONAL GUARANTIES 85 

An early California statute, Statutes 1862, p. 462, 
imposed a police tax on Chinese laborers to protect 
free white labor from such competition, but this law 
was declared unconstitutional. 20 Similarly a law in 
1880, Statutes 1880, p. 192, prohibiting the issuance of 
licenses to engage in various business enterprises to 
aliens not eligible to become electors of California, 
was held unconstitutional. 27 

Similarly, an ordinance of the city of San Fran- 
cisco, requiring the recommendation of twelve citi- 
zens and tax-payers in the block where the laundry 
was to be maintained in order to secure a license to 
operate the same, was held invalid as in violation of 
both the Fourteenth Amendment and the provisions 
of the Chinese Treaty. 28 Order No. 1569, May 26, 1880, 
by the San Francisco Board of Supervisors, providing 
that no person should engage in the laundry business 
except in a brick or stone building without a permit 
of the Board of Supervisors, who were thus able to 
deny all permits arbitrarily to Chinese, was held 
unconstitutional for similar reasons. 2) 

The fate of the above-mentioned state laws and 
city ordinances 30 is illustrative of the very effective 
check which the above provisions of the Fourteenth 
Amendment have on any attempt on the part of the 
states or any subdivision thereof to invade without 
due process of law the alien's right of life, liberty, or 
property, including the right to employment in the 
ordinary occupations, or to deny to him the equal 
protection of the laws. 

26 20 Cal. 534. 

27 6 Pac. C.L.J. 192. 

28 In re Quong Woo, 13 Fed. 229. 

29 Yick Wo vs. Hopkins, 118 U.S. 356. 

3 Hundreds of laws, as sweeping oi* unfair as these Coast 
Public Acts, passed in other states are omitted here, although 
they are most valuable for comparative purposes. 



86 RESIDENT ORIENTALS 

111 other words, the alien, whether eligible pr in- 
eligible to citizenship, is very effectively protected 
from any arbitrary or unreasonable action on the 
part of the states. It is also apparent from the ex- 
amples above that these constitutional guaranties 
have been applied equally and fairly to the Asiatic 
aliens on the Pacific Coast; and they have, as indi- 
cated, frequently had occasion to witness demonstra- 
tions of the efficacy of these constitutional guaranties 
as applied by the courts of this country. 

But naturally the Fourteenth Amendment does 
not deprive the state of its police powers, and, in the 
exercise of the same, it can make reasonable classifi- 
cations, in the making of which the state has wide 
discretion. 31 

These decisions adequately demonstrate the fact 
that a state in the exercise of its police power can 
make a reasonable classification of persons within 
the state, whether they be citizens or aliens, or dif- 
ferent racial groups. Sometimes what appear to be 
abnormal police powers are invoked. In both cases, 
the classification may constitutionally fall along ra- 
cial lines where reasonably necessary. 32 

Thus citizens of the United States are classified for 
certain purposes in the exercise of the police power. 
It is quite common for members of the Negro race to 
be placed in one class with one set of regulations 
applying to them and white citizens into another class 
with different regulations applicable. If it is thus 
constitutional to classify citizens along racial lines 
where reasonably necessary, then the same power 
can be justifiably exercised as to aliens. A fortiori, 
where it is reasonably necessary the classification 

31H3 U.S. 27; 123 U.S. 623; 127 U.S. 678; 136 U.S. 436; 152 

U.S. 133; 208 U.S. 472; 355 U.S. 610; 44 Sup. Ct. Rep. 21. 
32 231 Pac. 554. 



CONSTITUTIONAL GUARANTIES 87 

may be of aliens on the one hand, and citizens on the 
other, or between declarant aliens and non-declar- 
ant. 33 As was pointed out by Mr. Justice Butler of the 
Supreme Court of the United States in the case of 
Terrace vs. Thompson** "the rights, privileges, and 
duties of aliens differ widely from those of citizens, 
and those of alien declarants differ substantially from 
those of non-declarants." 

Likewise a reasonable classification between those 
eligible to citizenship and those not eligible is within 
the power of the state under the Fourteenth Amend- 
ment and wholly justifiable. 35 For further illustra- 
tions of the extent to which a state may classify indi- 
viduals subject to its laws and the limits on the same, 
see cases discussed in the chapters on "Property 
Rights," "Occupational Status," "Hunting and Fish- 
ing," and "Public Service." 

So long as any of the foregoing classifications are 
not arbitrarily made and are reasonably necessary, 
the state can and does make the same in carrying out 
its powers. The federal government does likewise in 
favor of alien declarants as against non-declarants. 3,? 

So in the exercise of state powers where reason- 
abW necessary, the Pacific Coast states in classifying 
citizens on the one hand, and aliens on the other, or 
in putting alien declarants in one class and non- 
declarants in another, or in classifying aliens eligible 
to citizenship as against those not eligible, are con- 
stitutionally proper and but following the more or 

33 263 U.S. 197; 263 U.S. 225; 263 U.S. 313: 187 Cal. 27; 200 
Pac. 957. 

34 263 U. S. 197, p. 218. 

35 263. U.S. 197; 263 U.S. 225; 263 U.S. 313; 187 Cal. 27. 

36 12 U.S. Stats. 731; 16 U.S. Stats. 2§6 (Comp. Stats. 4358); 
30 U.S. Stats. 361 (Comp. Stats. 1714-15-16); 32 U.S. Stats. 775; 
34 U.S. Stats. 197 (Comp. Stats. 3041 and 3045); 40 U.S. Stats. 76; 
40 U.S. Stats. 884; 40 U.S. Stats. 955. 



■ 



88 RESIDENT ORIENTALS 

less general practice of the federal government and 
the various states. 

The Asiatic alien ori the Pacific Coast therefore 
enjoys some very valuable constitutional guaranties 
as pointed out above, which assure to him very effec- 
tive protection in many situations. Nevertheless, he 
is subject to a reasonable classification under the 
police power of the state just as citizens are. Natu- 
rally, the alien gets no more protection against clas 
sification in the application of state laws than do 
citizens. Consequently, we have the above-marked- 
out classifications constitutionally justifiable through- 
out the United States. 

* 

IMPORTANCE OF UNITED STATES CONSTITUTION 

The alien in America receives an enormous pro- 
tection from the Constitution which few people ap- 
preciate. Although it is not perfect, 37 not incapable 
of change, 38 balanced by public opinion, 39 and not 
lived up to by men; 40 yet its power stands forth boldly 
in its protection against hasty, harsh action. In the 
words of Mr. Chief Justice Taf t : "A popular constitu- 
ency may be misled by vigorous misrepresentation 
and denunciation. The shorter the time the people 
have to think, the better for the demagogue. One of 
the great difficulties in carrying on popular govern- 
ment is in getting into the heads of the intelligent 
voters what the real facts are and what reasonable 

37 Consult H. L. McBain, Living Constitution. 

38 John W. Davis, The Constitution — A Thing of Life. 

39 See Introduction to Politics: The Citizen's Business, by 
William Allen White. 

40 James M. Beck, The Changed Conception of the Constitution, 
p. 11. "Blinded by our material prosperity, we are too apt to at- 
tach importance to the form of government and too little to the 
spirit of the people. It is not that the American people overvalue 
their Constitution, but that they grossly undervalue the part 
which they must play if the Constitution is to endure." 






i 



CONSTITUTIONAL GUARANTIES 89 

deductions should be made from them. Any reason- 
able suspension of popular action until calm public 
consideration of reliable evidence can be secured is 
in the interest of a wise decision. That at least was 
what our forefathers thought in making our federal 
government, and the result has vindicated them." 41 

IMPORTANCE OF WRITTEN LAWS 

Furthermore, the fact that American funda- 
mental laws are in written form constitutes an ad- 
ditional measure of protection, 42 even when they 
are seeminalv discriminatory on their face or in 
their application. According to prominent first- and 
secoird-generation Japanese in Seattle, these stated 
safeguards give them a preferred position in contrast 
with racial brothers in other countries subject to 
similar popular prejudice, but where the common 
law provides the only judicial restraints. 

THE CONSTITUTION OF CALIFORNIA 

The paramount importance of California consti- 
tutional history with reference to the rights and privi- 
leges of resident Oriental aliens makes it desirable 
that a sketch should be given here of the unique legis- 
lative development of California. 

Until the adoption of the first Constitution of 1849, 
the Spanish-Mexican law had determined the civil 
rights of Calif ornians, but, with American occupation 
and sovereignty, many of these grants and privileges 
were neglected or abused. The Constitution of 1849, 
Professor McMurray tells us, was "an instrument 
pretty much of the traditional kind," and continues: 

41 William Howard Taft, Liberty under Law, p. 22. 

4 - Consult Lowell, Public Opinion and Popular Government, 
p. 44-45; also numerous treatises on the American Constitution. 



90 RESIDENT ORIENTALS 

The overshadowing importance of the slavery questioi 
made the time one unfavorable to political or social inno- 
vation. It was not in the Constitutional Convention, but in 
the legislature of 1850, that the vigorous and independent 
public men of the infant state found their expression and 
tried experiments. From New York came the idea of reform 
in legal procedure, just introduced by the efforts of David 
Dudley Field, whose brother, Stephen J. Field, was one of 
the dominant personality of early California. The distinc- 
tion between forms of proceeding at law and in equity was 
abolished, and a fusion of the two systems effected. Cali- 
fornia was the first state outside of New York to try this 
experiment, a tremendous forward step in jurisprudence, 
fundamental in all true legal reform. In the development of 
its jurisprudence, the state, thanks to this reform, has from 
the beginning been unhampered by the existence of forms 
which stand in the way of complete justice. New York 
also provided the model for the law of real property and 
conveyancing in the statutes adopted upon this subject. 43 

During the period between the Constitutions of 
1849 and 1879, the California lawmakers passed nu- 
merous unreasonable and discriminatory acts against 
the resident Chinese, who had come in in large 
numbers at the behest of the mining, transportation, 
and agricultural interests. The Supreme Court of the 
United States was kept busy declaring those acts un- 
constitutional. " During this period one of the note- 
worthy experiments was the adoption of codes in 
1872, of which Professor McMurray writes: 

The willingness to try experiments which has always 
characterized the Pacific states is illustrated by the readiness 
with which the codes were adopted in California, and, once 
adopted in rather crude form, subsequently neglected. 

This readiness to resort to new ideas so characteristic of 
the optimism of the people, an optimism perhaps in part the 
result of the even and moderate climate, is well illustrated 

43 Orrin K. McMurray, "Legal and Political Development of the 
Pacific Coast States," Nature and Science on the Pacific Coast (San 
Francisco, 1915), pp. 271-272. 



CONSTITUTIONAL GUARANTIES 91 

in the Constitution of 1879, the most striking political docu- 
ment of the agricultural era. 44 

This second and present Constitution is described 
by that same lawyer in these words : 

The legislature, for example, is directed "to encourage by 
all suitable means the promotion of intellectual, scientific, 
moral, and agricultural improvement." The temper of the 
constitutional convention found nothing absurd in the cli- 
max. The crude theory that the legislative department should 
be manacled in order that it may be honest finds full ex- 
pression. Thirty-three cases are enumerated in which the 
passage of special laws is forbidden. To prevent fraud, every 
act must contain the true title, and must deal with only 
one subject under penalty of being void. No gift of public 
moneys can be made, no power shall exist to pledge the 
public money in favor of any private or municipal enter- 
prise. We may smile at these remedies for the purpose of 
making the people's representatives honest, but the document 
is a tragical commentary on the public corruption that pre- 
ceded the date of the convention. 

Hostility toward corporations is the keynote of this con- 
stitution. It perpetuates the radical provisions of the civil 
code of 1872, which forbade the creation of corporations 
with strictly limited liability, and made each stockholder 
liable for his proportion of the debts of the corporation. An 
aggregation of persons with strictly limited liability, which 
the most eminent jurists tell us is an essential for the proper 
conduct of modern undertakings, is theoretically impossible 
under this constitution. Practically, however, the provision 
regarding stockholders' liability has proved ineffective. 
Though it has doubtless deterred capital from investment in 
the state, it has not restrained reckless finance or protected 
honest creditors. 

In spite of its defects, the second constitution of Cali- 
fornia is instructive to one interested in the larger problems 
of legal development. 45 

The legal background of the other Pacific states 
is narrated in a single paragraph: 

Their settlement has been more recent, their develop- 
ment more regular, their departures from normal types gen- 

4 * Ibid., p. 273. 45 ibid., pp. 273-274. 



92 RESIDENT ORIENTALS 

crally less marked, and they have largely fallen under the 
influence of California, so that the history of the law of that 
state is the key to most of what is novel in their law. In the 
more recent developments in the line of radical legislation, 
it is true that Washington and Oregon have in many respects 
preceded California. The most radical and fundamental 
piece of modern popular lawmaking, however, that provid- 
ing for the making of laws directly by the people, was, as 
we have seen, the product of the California Constitutional 
Convention of 1879. 4G 

POWER OF THE GOVERNOR OF CALIFORNIA 

Yet the political, as well as the legal, situation in 
California cannot be understood without an appreci- 
ation that the governor is the all-powerful political 
factor. Practically no important legislation is intro- 
duced without personal consultation. It is also un- 
heard of for any measure to be passed over his veto, 
and his own power is enhanced by a legislature bi- 
cameral in theory but not in fact, since each house 
generally accepts the findings of the other house 
without review. Furthermore, party lines are also 
entirely forgotten. This striking executive power is 
a survival of the Vigilantes and other self-assertive 
movements by persons or parties in authority. Thus 
one can understand why the position and messages 
of the governor of California on all questions are 
undoubtedly of paramount significance. 

A study just completed of the legislative system 
has these important findings : 

There are many who feel that the governor, now that he 
has become the "Second House" in the sense that he is the 
dominant revising and checking organ in California today, 
should no longer be allowed an absolute veto on bills without 
so much as stating his reasons for their rejection. Bills are 

46 Orrin K. McMurray, "Legal and Political Development of 
the Pacific Coast States," Nature and Science on the Pacific Coast\ 
(San Francisco, 1915), p. 275. 






CONSTITUTIONAL GUARANTIES 93 

held up. in enrolment not alone to secure him an absolute 
rather than a qualified veto, but to absolve him from the 
responsibility that accompanies sending a message to the 
legislature giving the reasons for his refusal of the bill. The 
people of California are thoroughly satisfied that we should 
not return to the former status of legislative supremacy; but 
neither should we swing to the other extreme of what is 
virtually uncontrolled executive supremacy in the final stage 
of legislation. Although it appears sound to allow the chief 
executive a negative voice in the passage of new laws, in the 
exercise of this privilege it is certainly no more than reason- 
able to require that he justify his action by presenting his 
reasons to those whose decision he overrides. 47 

Persons who are well acquainted with internal 
politics make the statement that a constitutional 
amendment is practically the only way to bring im- 
portant matters to the attention of the Legislature. 
The initiative and referendum are frequently re- 
sorted to. The question of revamping the present 
constitution is a popular subject for discussion, but 
the attempt made through the initiative in 1913 to 
secure popular support for this change lost by a vote 
of 442,687 to 180,111. The veneration for the federal 
Constitution, commented on so freely by American 
and foreign 48 writers, does not apply to all state 
constitutions, certainly not to that of California. 

POWER OF PUBLIC OPINION 

But even the foregoing description of the legisla- 
tive system of one of the forty-eight states is not 
sufficient to expose the relations between federal and 
state governments. Under the American form of gov- 
ernment, it is not only possible but fairly common 



47 From J. C. Grant, "The Bicameral Principle in the California 
Legislature," Thesis submitted for degree of Ph.D. in the Depart- 
ment of Political Science, Stanford University, 1927. 

4S J. St. Loe Strachey, American Soundings (New York, 1926), 
pp. 83-84. 






94 RESIDENT ORIENTALS 

for citizens to show an outwardly resentful attitude 
toward centralized public authority. How this situ- 
ation impresses a citizen of a monarchial government 
is exceedingly well shown in the following quotation : 

Each state enacts its own laws on matters that affect 
human happiness most intimately and widely, for instance, 
land tenure and family relations. As a result, we find in th< 
United States so many different laws regulating these im- 
portant matters. How varied are the laws governing land 
tenure that have been enacted by different states, and how 
different the situation created by the laws! While the Japa- 
nese farmers in California, under the oppressive laws of the 
state, are either quitting their homesteads, or turning into 
tramps, their fellow-countrymen residing in the state of New 
York, on the other hand, are enjoying a perfect liberty and 
right of owning, leasing, and using the land within 'its bor- 
ders for agricultural or any other lawful purposes. 

Vested with such enormous powers the American states 
at times exercise them regardless of their consequences on 
foreign relations. In such an event, the administration at 
Washington finds its hand tied in handling the affair, and 
the foreign power affected and the federal government are 
placed in a most delicate and difficult position. While under- 
standing each other perfectly well, they cannot make a step 
farther to the settlement of the issue. This was exactly the 
situation in which Washington and Tokyo governments found 
themselves with regard to the issues heretofore narrated. 
This peculiar system of American government seems to sug- 
gest that a wiser statesmanship for Japan would have been 
to exhaust every means at her command, before presenting a 
formal protest, for the amelioration of unsatisfactory con- 
ditions in the state, which give birth to the laws inimical to 
her interest. 49 

An American historian, well known for his sympa- 
thetic attitude toward Japan, states: 

The Japanese in the United States must be protected 
in every treaty right and constitutional guaranty. Under 
the American system of government the states may take ac- 

49 Toyokichi Iyenaga, "The Japanese Problem in the United 
States," The Review of Nations, No. 2 (February, 1927), pp. 86-88. 



CONSTITUTIONAL GUARANTIES 95 

tion regarding aliens which may involve the whole nation in 
serious foreign complications. This is unwise, and it should 
be made impossible. The federal government should act 
promptly whenever any state action contravenes a treaty or 
a constitutional right. Discrimination is a dangerous game 
to commence, for both sides can play it. The United States 
can hardly stand for the principle of equal opportunity in the 
Orient, and permit its component states to deny equal oppor- 
tunity to Orientals within their limits. 50 

He further goes on to say that "except for the right to 
own land and to acquire citizenship, Japanese na- 
tionals are subject to no disabilities .... but in the 
heat of political campaigns many things have been 
said which have grievously hurt a self-respecting 
people." 

These major grievances fall within the scope of 
the next chapter. 

The safeguards afforded by international treaty 
and the American Constitution are not always secured 
by the alien, frequently because many questions of 
importance are not taken to the Supreme Court. In 
some cases, the local federal courts have jurisdiction. 
Furthermore, the relationship which exists between 
constitutional rights and state legislative measures 
are in a state of flux. The American Constitution, 
nevertheless, is a rock upon which both citizen and 
alien stand. 



sopayson J. Treat, Japan and the United States, 1853-1921 
(Boston, 1921), pp. 264-265. 



CHAPTER IV 

NATURALIZATION 

HISTORY OF PRESENT LAW 

The implication of inferiority, based upon the 
k alien-ineligible-to-citizenship" status, is the greatest 
grievance which the peoples of Eastern Asia have | 
against this country. To fail to accord them at least 
the same standing as that of other immigrants, most 
of whom they frankly do not consider their equals, 
certainly appears to them gross discrimination or 
favoritism. A delicate situation further arises be- 
cause the Chinese, the Hindus, and the Japanese have 
their own opinions regarding each other; hence for 
the United States to favor one without extending 
similar privileges to others, causes an added com- 
plaint. The question is one of fair treatment among 
and between nations. 

In practice, our naturalization laws have been so 
interpreted by the highest tribunal that now the great 
restrictions upon admission to our shores, the owner- 
ship or control of real property, and the bar to mem- 
bership in numerous fraternal organizations, rest 
upon this distinguishing feature. These laws have 
been, and will continue to be, the main battleground 
of agitation between supporters and opponents in 
any attempts to change the immigration law or resi- 
dent status applicable to American Orientals. 

From 1776 to 1801, "naturalization and all mat- 
ters connected with it were in a more or less forma- 
tive state," while from 1802 to 1905, "naturalization 
was allowed to pursue a natural, or practically un- 
regulated, course, so far as national supervision 

96 



NATURALIZATION 97 

went." The first statute to establish an effective sys- 
tem of national supervision was passed in 1906. The 
laxness before the enactment of the 1906 law is 
illustrated by the action of a New York judge, who 
in 1886, approved 2,500 certificates in a single day. 
The earlier frauds, as well as the need for a real 
American melting-pot, are strikingly exhibited in 
these compartive figures for New York City for 1868 
and 1902, respectively: in 1868, estimated population 
800,000 and estimated naturalization 58,000; in 1902, 
estimated population 3,500,000 and actual number 
naturalized 11, 177. 1 

The pressing need for legislation and the ever- 
present reasons for much of the unhealthy natur- 
alization situation are poignantly expressed in the 
report of a special examiner of the Department of 
Justice to the Attorney-General of the United States, 
in 1903, in these words: "The evidence is over- 
whelming that the general administration of the 
naturalization laws has been contemptuous, per- 
functory, indifferent, lax, and unintelligent, and in 
many cases, especially in inferior state courts, cor- 
rupt." 

The chief motive which led to fraudulent naturalization 
was the desire to vote, which caused corrupt politicians to 
encourage perjury and commit bribery, under the guise of 
paying naturalization fees, especially just before election. 
Another motive was found in the labor laws and the rules of 
some labor unions which prevented the employment of 
aliens in certain classes of work. Another motive was the 
desire of aliens to go abroad under the protection of the 
United States. There was no uniformity in the actual admis- 
sion of aliens to citizenship by reason of the fact that they 
were admitted by many different courts, state and federal, 
with no uniform procedure, many of them of inferior juris- 
diction and presided over by inferior judges, and, in practice, 

1 Data in this paragraph are based upon Historical Sketch of 
Naturalization in the United States, Department of Labor, 1926. 



98 RESIDENT ORIENTALS 

the entire proceedings were often turned over to the clerk 
of the court. It was to correct these abuses that the Act of 
1906 was framed. 2 

WHO CAN BE NATURALIZED 

Now for the legal and juridical treatment relative 
to naturalization in the United States. 

Article I, Section VIII, Clause 4 of the Constitution 
of the United States gives Congress power to establish 
uniform naturalization laws. This power is exclu- 
sively in Congress, and consequently cannot be exer- 
cised by any of the states. 3 

Possibly a state can still confer citizenship in so 
far as the same relates to itself only, 4 as it clearly 
could before adoption of the Fourteenth Amendment, 
but this power has been rarely exercised. In any 
case the only door through which an alien may 
become a citizen of the United States is by naturaliza- 
tion under the laws of Congress; and the usual door 
to state citizenship is the latter plus residence in the 
particular state. As pointed out by the Court in 
Gerrard vs. United States, 5 there is no source of citi- 
zenship in the United States for an alien independent 
of naturalization. 

"Congress is not trammeled and it may grant or 
withhold the privilege of naturalization upon any 
grounds or without any reason as it sees fit," decided 
Mr. Justice Butler of the Supreme Court of the United 
States, in the case of Terrace vs. Thompson. 6 

2 Brief for the United States by Solicitor-General James M 
Beck, Ozawa vs. United States, 260 U.S. 178 (1922). 

3 4 L. Ed. (U.S.) 234; 19 Howard (U.S.) 393; 5 Howard (U.S.) 
504; 217 U.S. 509; 15 L. Ed. (U.S.) 691; 143 U.S. 135; 169 U.S. 649 
225 U.S. 227; 231 U.S. 9. 

4 16 Wis. 443; 200 Fed. 165; Ann. Cases 1912A, 817. 

5 43 Court of Claims 67. 
e 44 Sup. Ct. Rep. 15. 






J 



NATURALIZATION , 99 

Congress exercised this authority as early as 1790, 
when it enacted its first naturalization law. 7 Bv that 
act, free white persons were made eligible to citizen- 
ship by the naturalization process. Then, by the Na- 
turalization Act of 1870, "aliens of African nativity or 
African descent" where added to this class. 8 In the 
Naturalization Act of 1906, 9 this provision was left 
the same. Hence, since 1870 and at the present time, 
free white persons and aliens of African nativity or 
of African descent constitute the total class of aliens 
eligible to citizenship by naturalization. 

The courts of the United States, consequently, have 
had the task of determining what aliens fall within 
this class and are therefore eligible to citizenship, 
and also what aliens are excluded therefrom. 

CHINESE AND JAPANESE INELIGIBLE ACCORDING TO COURTS 

In the famous case of People vs. Hall, 10 decided by 
the California Supreme Court in 1854, it was declared 
that a Chinese was not a white person; therefore he 
was classed as an Indian under a statute barring 
Negroes and Indians from testifying in a suit in which 
a white man was a party. This is but an isolated 
instance on the part of American courts, either of the 
absence of ethnological knowledge or lack of desire 
to apply the same. Fortunately, the vast majority of 
American Court decisions on the question of ethnol- 
ogy have demonstrated more learning or more logic. 

The Chinese Exclusion Act of 1882 11 expressly 

7 1 U. S. Stats, at L. 103. 

§ Act of July 14, 1870, U.S. Stats, at L. 318; (U.S.) Rev. Stats., 
par. 2169. 

9 Act of June 29, 1906, 34 U.S. Stats, at L., Part I, p. 596; 
Ozawa vs. United States, 260 U.S. 178 (1922). 

io 4 Cal. 399. 

n Act of May 6, 1882, ch. 126, par. 14. 






100 RESIDENT ORIENTALS 

declares that Chinese are not eligible to citizenship b 
wav of naturalization, and even before this time, th 
naturalization laws of the United States already re- 
ferred to had been held to exclude Chinese from the 
class of "free white persons!" 12 In 268 U.S. 346, a 
1925 case, it was held that a Chinese woman is in- 
eligible to become a citizen under our present na- 
turalization law, and that she does not become one 
even by marrying an American citizen. From these 
decisions, it is clear that Chinese are not within the 
class eligible to citizenship under our past or present 
naturalization laws. 

Nor is a native of the Hawaiian Islands eligible to 
become a naturalized citizen of the United States un- 
less he can prove that he is a "free white person" or 
an "alien of African nativity or of African descent." 

The same result has been reached in respect to 
the Japanese. The most important decision on this 
point is Ozawa vs. United States, 4,4: Sup. Ct. Rep. 65, 
decided in 1922 by the Supreme Court of the United 
States. The same decision has been reached in 42 
Sup. Ct. Rep. 69; 62 Fed. 126; and in 70 Pac. 482. The 
Court in the Ozawa case, speaking through Mr. Jus- 
tice Sutherland, summed up the matter thus : 

Beginning with the decision of Circuit Judge Sawyer, in 
re Ah Yup, 5 Sawyer 155 (1898), the federal and state courts, 
in an almost unbroken line, have held that the words "white 
person" were meant to indicate only a person of what is 
popularly known as the Caucasian race. Among these de- 
cisions, see for example: in re Camille, 6 Fed. Rep. 256; in 
re Saito, 62 Fed. Rep. 126; in re Nian, 21 Pac. (Utah) 993; 
in re Kumagai, 163 Fed. 922; in re Yamashita, 30 Wash. 234, 
237; in re Ellis, 179 Fed. Rep. 1002; in re Mozumdar, 207 Fed. 
Rep. 115, 117; in re Singh, 257 Fed. Rep. 209, 211-212; and 

in re Gharr, 273 Fed. Rep. 207 Individual cases falling 

within this zone must be determined as they arise from time 

12 30 Wash. 234. 



NATURALIZATION 101 

to time by what this court has called in another connection 
(Davidson vs. New Orleans,, 96 U.S. 97, 104) "the gradual 
process of judicial inclusion and exclusion." 

This last statement indicates exactly the attitude 
of the United States Supreme Court in marking out 
the field of eligibility or ineligibility for United States 
citizenship. Each case is decided as it is presented. 
As indicated above, by court decision, the Chinese, 
Japanese, and native Hawaiians have been held to 
belong to the ineligible-to-citizenship class. A like 
result has been reached in the case of a Hindu alien. K! 
On the other hand, a Syrian was held to belong to the 
Caucasian race and therefore eligible to citizenship 
by naturalization; 14 and a like result was reached as 
to an Armenian. 15 

Since the words "white person" are construed in 
general to mean a member of the Caucasian race, 
Chinese, Japanese, native Hawaiians, Burmans, Hin- 
dus, and Canadian Indians have at various times 
been refused naturalization. 16 Thus the courts, in 
steadily marking out ground as the cases come before 
them, have steadily refused to enjer into technical 
ethnological generalizations. 

That persons in America of every race have been 
legally naturalized by the proper courts at one time 
or another is well known to all students. Numerous 
cases of Chinese, Hindus and Japanese have been 
recorded. 17 

is /n re Singh, 257 Fed. Rep. 209. 

14 174 Fed. 735 (1909). 

15 174 Fed. 834 (1909). 

16 5 Sawyer 155; 6 Fed. 256; 6 Utah 259; 28 N.Y. Supp. 383; 
260 U.S. 178; In re Singh, 257 Fed. Rep. 209; 16 H.L. Rev. 302*. 

1 7 Consult Roy Malcolm, "American Citizenship and the Japa- 
nese," The Annals of the American Academy of Political and Social 
Science (May, 1921). 



102 RESIDENT ORIENTALS 

STATUS OF ALIEN'S WIFE AND CHILDREN 

Naturalization of a husband who is eligible to citi- 
zenship automatically naturalizes his wife and minor 
children, provided, of course, that his wife is eligibl 
to naturalization, and also that the minor children 
are dwelling in the United States at the time, 18 Th 
general effect of naturalization is to admit the par 
'icipant into the status of citizenship with all the 
civil rights, privileges, duties, and obligations per- 
taining thereto. Naturalization is in no sense retro 
active in its effect. Nor does it extend to the newt 
made citizen the right to suffrage. 19 

An important change in the matter of citizenship 
arose as a result of the adoption in 1920 of the Nine- 
teenth Amendment to the Constitution which speci- 
fies that "the right of citizens of the United States to 
vote shall not be denied or abridged by the United 
States or by any state on account of sex" (Section 1), 
and that "Congress shall have power, by appropriate 
legislation, to enforce the provisions of this article" 
(Section 2). Displacing the previous law that the 
citizenship of a married woman followed that of her 
husband, the Cable Act approved September 22, 
1922, 20 attributed to a married woman a national 
status separate and independent from that of her 
husband. 

With respect to persons married to males in the 
ineligible-to-citizenship group, quite irrespective of 
whether the former had enjoyed native or adopted 
American citizenship, these provisions of the existing 
naturalization laws are clearly stated: 

That a woman citizen of the United States shall not cease 
to be a citizen of the United States by reason of her marriage 

18 177 111. 250. 

i9 177 111. 250; 14 Amer. Decisions 86. 

20 42 U.S. Stats, at L., Part I, p. 121. 



NATURALIZATION 103 

after the passage of this act, unless she makes a formal re- 
nunciation of her citizenship before a court having jurisdic- 
tion over naturalization of aliens: provided, That any woman 
citizen who marries an alien ineligible to citizenship shall 
cease to be a citizen of the United States. 

That no woman whose husband is not eligible to citi- 
zenship shall be naturalized during the continuance of the 
mnrital status. 

Clerks of courts having naturalization jurisdiction shall 
not accept or file a declaration of intention made by an alien 
who is, or whose husband is, of the (1) Chinese, (2) Japa- 
nese, or (3) Hindu race. 

This Cable Act placed the wives of any nationality 
who are married to "ineligible" Chinese or Japanese 
in an unfortunate position. The status of children 
born from such a union is certainly hard; thus, in 
the case of a person whose father was English and 
whose mother was half-Japanese and half-Chinese, 
a district court of New York State denied the appli- 
cation for naturalization 21 — a verdict in the year 1909, 
thirteen years before the Cable Act. 

STATUS OF ENLISTED MEN 

The court ruling in the foregoing case was made 
in spite of distinguished service in the United States 
Navy, including a citation for action at Manila Bay. 
The decision of the tribunal was based upon the 
Kumagai case, decided in 1908, which involved the 
unsuccessful plea of an "educated Japanese gentle- 
man" honorably discharged from the Regular Army, 
for the privileges of American citizenship. 22 

Likewise, Mr. Justice Lowell of the Massachusetts 
District Court rendered an opinion that since "there 
is no question that a Japanese who has served in 
the Army or Navy of the United States cannot be 

2i In re Knight, 171 Fed. 295. 

2-7/i re Kumagai, 163 Fed. Rep. 922. 



1M RESIDENT ORIENTALS 

admitted to naturalization," 21 application must be. 
nenied; while Mr. Justice Kerrigan in the California 
District Court of Appeals rendered this verdict: 

In view of the fact that the discussions preceding the 
enactment of the Act of 1918 emphatically show that Con- 
gress did not intend to include within the scope of that act 
persons not otherwise entitled to citizenship, we cannot be- 
lieve that it would have changed this policy after the war 
was over, without mature consideration. Therefore, we do 
not regard the Act of 1919 as expressing a different legisla- 
tive intent from that of the previous acts. 

As was said in a recent case, it may be conceded that the 
services rendered by the petitioner should be appropriately 
rewarded; but the privilege of citizenship resting with Con- 
gress, and with Congress alone, the courts have no power to 
alter or extend the provisions of law to that end. We are 
constrained to hold that the petition was properly- denied 
and, accordingly, the judgment of the trial court is af- 
firmed. 24 

Thus the naturalization status of married women, 25 
as well as that of enlisted personnel in the American 
Army and Navy forces, has been established by law 
and court decision. 

JUSTIFICATION FOR CITIZENSHIP QUALIFICATIONS 

As to the qualifications requisite for American citi- 
zenship, there is no unanimity of opinion. Literature 
dealing with the subject of Americanization, such as 
J. P. Gavit's Americans by Choice, approaches this 
subject from every conceivable angle. Opinion on the 
Coast similar to that of the rest of America takes into 
account both the economic and the social features. 
The following resolution unanimously carried by the 

23 United States vs. H. Toyota, in the Massachusetts District 
Court, No. 58600 Naturalization, May 28, 1923. 

^Chizo Sato vs. Hall, Sac. No. 3249, July 26, 1923. 

25 The topic of intermarriage is treated from a different angle; 
see chapter on "Personal Relations." 



I 



NATURALIZATION 105 

Commonwealth Club of California, August 23, 1923, 
is a representative statement: 

It is the sense of this Club that the immigration question 
for America should be determined with reference to citizen- 
ship and general social and moral welfare, and not by in- 
dustrial needs only, and that immigration for the sake of 
cheap labor should be prohibited. 

A spirited debate on the subject, "May Japanese 
Become Citizens?" which appeared in the Forum, 
September, 1924, deserves careful study because the 
views expressed are conspicuous for both clarity and 
vigor. Mr. V. S. McClatchy takes the negative side, 
basing his arguments on the American "white" policy, 
assimilation, loyalty to native or adopted country, 
and the possibility of extending concessions to other 
Asiatics. Professor R. L. Buell, of Harvard Univer- 
sity, favors naturalization of Japanese, but on condi- 
tion that the policy of exclusion is maintained; he 
finds no historical support for the theory that any 
race cannot transfer its allegiance; he calls attention 
to the inconsistencies and discriminations in our 
naturalization laws; he makes out. a strong case for 
the actual Americanization of resident Japanese and 
takes further issue with Mr. McClatchy in respect to 
the proper importance of international affairs. 

There are many other questions, too, which can- 
not be elaborated in this brief chapter, such as the 
merit of residence alone as criterion, 26 the necessity 
for every married woman's proving her qualifica- 
tions for the vote, the fact that there is no connection 
between the naturalization and miscegenation laws, 
the absence of the "ineligible-to-citizenship" phrase 
in any naturalization act, and the significance of 

- G A current San Francisco newspaper gave prominent space 
to a story about a middle-aged American citizen who was visiting 
his country for the first time. 



lCfe RESIDENT ORIENTALS 

"dual citizenship" under which the United States 
does not relinquish any right which belongs to her 
citizens. 

ASSIMILABILITY 6F JAPANESE 

The assimilability of persons of the Japanese race, 
another vast field of controversy, likewise has been 
the subject of countless articles and press items. In 
this connection, it is worth while quoting the conclu- 
sions of a thoughtful Japanese observer: 

How do we find the patriotism of the Japanese in America? 
Are they patriotic in relation to the United States? For all 
those Japanese who came to America as immigrants of 
mature age with the prime object of making money, the 
answer must be made in the negative. Born and reared in 
the beautiful country of Nippon among a most hospitable 
people, their love of Japan is surely stronger than their love 
of America. Trained and educated in the customs and tradi- 
tions of Japan, imbued with the belief, ideas, and ideals that 
are peculiar to Japan, they would not know even how to 
avail themselves of the opportunity, supposing they were 
granted the rights and the freedom to share in the now for- 
bidden privileges. To complete the inhibition, there are all 
sorts of handicaps placed on them, making it unthinkable 
that they should love this country. They cannot vote, they 
cannot get public positions, and now they can neither own 
nor lease the land in California. No; the Japanese immi- 
grants in America do not love America more than they love 
Japan. 

.... The core of the Japanese problem in America is, in 
our opinion, whether or not American citizens of Japanese 
descent can become worthy Americans. Those immigrants 
who came from Japan will die out in the course of time, and 
further immigration can be stopped. In this way it is pos- 
sible to curtail to a minimum the number of alien Japanese 
in the United States. But the American-born Japanese are 
American citizens and they are here to stay. Whether these 
young Americans will become a strong and successful ele- 
ment of the American people or whether they will degen- 
erate to a kind of parasite and become America's "thorns in 
the flesh," is really a question of cardinal importance 






NATURALIZATION 107 

Fortunately, in spite of all unfavorable influence and en- 
vironment created for them, the native-born Japanese show 
very hopeful signs of realizing perfect Americanization. Here 
again we do not wish to dogmatize, in apparent lack of scien- 
tific *data, and assert that we need feel no apprehension. Yet 
the few data gathered on the subject from observation 
strongly point to the hopeful conclusion that as greater num- 
bers of them approach mature age they are gradually becom- 
ing Americans by the accepted standard. They proved their 
patriotism to America during the Great War by enlisting in 
the American Army and Navy. In their manner, address, and 
temperament these boys and girls are American, with an 
unconcealed air of American mannerism. In their fluent and 
natural English', in their dislike of little and irksome tasks 
and love of big and adventurous undertakings, in their chiv- 
alry and gallantry, in their tall and well-built stature, these 
young people are wholly American, no longer recognizable 
as Japanese except in their physical features. Indeed, it is 
the common testimony of the Japanese visiting America that 
the Japanese children born and reared here differ so dis- 
tinctly from children in Japan that in their manners, spirit, 
and even in the play of expression on their faces, they appear 
characteristically American. We cannot help being surprised 
by the completeness with which the so-called racial traits 
of the Japanese are swept away in the first generation of 

Japanese born ill America. 27 

» 

DUAL NATIONALITY OF AMERICAN-BORN JAPANESE 

The present status of American-born children of 
Japanese parentage under Japanese law, a sweeping 
change from the former condition, is officially de- 
scribed in the following statement sent the writer by 
Mr. Taketomi, Japanese Consul-General at San Fran- 
cisco : 

During a special session of the Imperial Japanese Diet, 
which convened in the summer of 1924, the Japanese Law 
of Nationality was amended and became effective on De- 
cember 1, 1924. 

27 T. Iyenaga and K. Sato, Japan and the California Problem 
(New York, 1921), pp. 167-168, 172-173, 174-175. 



108 RESIDENT ORIENTALS I 

Heretofore a Japanese who was born in certain foreign 
countries was required, according to the law of nationality, 
to take a certain specified step in order to expatriate himself, 
and comparatively few Japanese did actually conform to 
the requirements. As regards the male Japanese of between 
17 and 38 (until recently 32) years of age, the law did not 
allow his expatriation unless he had already fulfilled his 
military obligations or had been excused on account of 
physical disability or by drawing lots after being qualified. 
Hence very often the children born in the United States of 
. Japanese parents were handicapped by dual nationality. But 
now, by the recent modification of this law, Japanese born in 
the United States, Canada, and certain South American coun^ 
tries automatically lose their Japanese nationality unless they 
declare, within 14 days after birth, through their legal repre- 
sentative, their intention of retaining it. 

Furthermore by this new law those who possess dual 
nationality at present, and even those who hereafter may, 
by declaration as stated above, retain Japanese nationality, 
have been enabled to abandon it at any time, as from the 
date of their birth by making a simple notification. Restric- 
tions relating to those male persons over 17 years of age have 
also been removed and it has been made possible for such to 
expatriate themselves by a simple notification. 

The Foreign Department of Japan has accordingly des- 
patched instructions to her consular and diplomatic agents 
regarding the application of the new law to the effect that 
they are not to accept any petition for the retention of Japa- 
nese nationality after a lapse of 14 days from birth, since the 
applicant in question has already lost his Japanese nation- 
ality from that date. They have been further instructed not 
to accept or record any notification of birth unless it is ac- 
companied by a declaration of the retention of Japanese 
nationality. 

So far as we are aware even such countries as Great 
Britain, the United States, Mexico, and others which follow 
the system of jus solis, consider the children born abroad of 
their own nationals as belonging to their own country. Hence 
the new 7 law 7 of Japan, the equivalent of which is seen in 
some South American countries, may be said to be extremely 
liberal in its spirit and application. 

When an American-born Japanese child thus single- 
heartedly desires to become an American citizen, w 7 hat will 
be the result, not alone upon his material well-being, but 



NATURALIZATION 109 

also upon his mental and spiritual outlook, if there should 
be any danger of his being deprived of political and social 
opportunities? It is to be hoped that a sympathetic under- 
standing on the part of the American people will guard 
against any possible injustice of this nature. 

An American magazine writer, sympathetic to the 
American Japanese, writing in 1921, does not over- 
stress the actual situation prior to the passage of the 
1924 law: 

The important element to consider in the working out of 
dual citizenship is the attitude taken toward it by the indi- 
vidual American-born Japanese. If he or she endorses this 
political provision, then it may affect his or her allegiance to 
this country. It is an awkward political question and there 
is nothing that can be said in favor of a continuance of it, 
not only in Japan, but in every other country. 

The individual Japanese, however, cannot.be blamed for 
this practice unless they subscribe to and approve of it. The 
Japanese residents in America have been cognizant of this 
fact and the Japanese Association has done everything pos- 
sible to terminate this dual nationality. 

As early as 1915 the General Conference of the Japanese 
Association resolved to encourage the jure soli allegiance to 
America among the American-born Japanese and to take 
advantage of the available means to terminate the jure 
sanguinis allegiance to Japan. Again at the General Confer- 
ence in 1920 it was resolved that the Association should use 
every possible influence to prevail upon its membership to 
drop the Japanese citizenship where possible. 

It would not be surprising if the American-Japanese were 
slow in taking advantage of this right of expatriation. The 
Japanese immigrant is denied the right of naturalization and 
if he should bring his children up as American citizens the 
dilemma is obvious. The parent would still retain his al- 
legiance to the mother country and the child would be an 
American citizen. The restrictions and constant propaganda 
against them has also operated to force a great many of them 
to return to Japan. 

It cannot be expected that they can be socially ostracized 
and harassed by legislation that curbs their every activity 
and still become fully in sympathy with their new surround- 
ings. 



110 RESIDENT ORIENTALS 

There is every indication that if left alone the Japanes< 
would avail themselves of the expatriation provisions of their 
Law of Nationality and surrender their Japanese citizenship. 
Many of them have already done this in spite of the Barriers 
and obstacles placed in their way, but until they are hos- 
pitably received and decently treated by the white element 
they will still retain their old country ties. It is the opinion 
of authorities that the Japanese in America have shown their 
willingness to adopt the single citizenship despite these limi- 
tations and restrictions. If they were permitted the right of 
naturalization it can be presumed that the Japanese govern- \ 
ment would co-operate in terminating dual nationality. 28 

That the problem of dual nationality is as much 
an American as a Japanese problem appears from 
the figures of the Japanese Consulate-General, pub- 
lished in January, 1927, which show that -of the 
134,609 American-born citizens of Japanese parent- 
age in Hawaii and on the mainland, only 16,609 (12.3 
per cent) have American nationality only. There are 
twice as many American-born Japanese in Hawaii 
as there are in northern and central California com- 
bined, yet there are fewer in Hawaii who have only 
American citizenship. Approximately half of them 
are minors. 29 

DUAL NATIONALITY OF AMERICAN-BORN CHINESE 

While in the past some Chinese in America have 
acquired citizenship by one of three methods, namely, 
by birth, naturalization, or residence in an American 
possession, the first possibility is all that now remains 
to aliens ineligible to citizenship. The law governing 
the nationality of Chinese, wherever situated, is based 
upon the desire to "set up high qualifications for 
naturalization, so that only desirable aliens should 

28 E. Manchester Boddy, Japanese in America (Los Angeles, 
1921), pp. 147-148. 

29 See General Tables No. 16 for details according to regions. 



NATURALIZATION 111 

be admitted to Chinese nationality, and to keep 
natural-born Chinese from falling under foreign 
dominion." Regarding the Chinese abroad, the jus 
sanguinis appears in the law, expressed thus in Sec- 
tion 1 : 

The following are Chinese, whatever the locality may be 
in which they are born : 

1. A child born of a father who at the time of its birth is 
Chinese. 

2. A child born after the death of the father, if the father 
at the time of death was Chinese. 

3. A child born of a Chinese mother, the father being 
unknown or without a determinate nationality. 30 

Americans raise practically no objection to the 
dual nationality of the American Chinese, but severe 
criticism of the same circumstance (in details differ- 
ent but in practice similar) is levied against the 
American-Japanese. The contrast can be traced, with 
reference to the Japanese, to their more recent immi- 
gration, the cumulative effect of local anti- Japanese 
propaganda, the intercepted Zimmermann note of 
1917 with its projected alliance of Germany, Mexico, 
and Japan, and the imperialistic adventures on the 
Asiatic mainland during and immediately following 
the World War. 

CITIZENSHIP STATUS AN INTERNATIONAL PROBLEM 

The policy of holding nationals as reservists, fre- 
quently to the point of labeling them deserters when 
they fail to respond to appeals from abroad, is prac- 
ticed by Brazil, Bulgaria, Canada, China, Colombia, 
Greece, Italy, Spain, Jugoslavia, et cetera. 

so American Journal of International Law 4, Supplement, 1910, 
p. 160, "Law on the Acquisition and Loss of Chinese Nationality," 
Sec. 1, Art. 1 ; see also Harley Farnsworth MacNair, The Chinese 
Abroad (Shanghai, 1925), chap, iv, pp. 121-122. 



112 RESIDENT ORIENTALS 

As conditions exist today, the principles appli- 
cable to this question are complicated to such an 
extent that new treaties are being negotiated at the 
present time by our country. Some of the difficulties 
involved in maintaining a single citizenship status 
have been reviewed by Mr. Harold Fields, Executive 
Secretary of the League for American Citizenship, 
New York : 

The French law gives an American born of American 
parents in France the right to choose his citizenship when 
he attains his majority, but it does not grant the same right 
to children born in the United States of French parents. 

Argentina, the Dominican Republic, Ecuador, Egypt, New 
Zealand, and Panama give to anyone born in their country 
the right to adopt at majority the citizenship of the parents 
or of the birthplace. However, Great Britain, Greece, Guate- 
mala, Honduras, Ireland, Russia, the Union of South Africa, 
and Uruguay (the last with the exception of cases referred 
to above) apply the same principle as we do, namely, that 
the country of birth determines the citizenship of the child. 31 

We may follow this w r ith respect to persons of 
alien parentage born in the United States, but we 
hold that persons born of American parentage abroad 
are entitled to American citizenship. 

Individual cases are perplexing, as may be noted 
from the following quotation taken from this same 
article telling of the "American-born wife of a Hindu, 
who today is a woman without a country" : 

This woman, whose ancestors came to this country in 
1700, married a naturalized Hindu citizen and at the time did 
not lose her citizenship, retaining under the existing law her 
original political status. However, by a recent decision of 
the United States Supreme Court, Hindus have been held not 
to be eligible to American citizenship and her husband's 
naturalization papers have been voided. Although a British 
subject by origin, his citizenship in that nation automatically 
ceased by his application for American citizenship. As a 

si New York Times, March 27, 1927. 



NATURALIZATION 113 

result he stands unrecognized by either the country of his 
birth or by the land of his adoption, and his wife finds her- 
self in the same category. 

The United States will not recognize the woman as an 
American since she is assumed to have shared her husband's 
loss of citizenship. England claims no sovereignty over her 
since, from its position, she never belonged to that country, 
having married her husband only after he had lost his 
British connections. The woman is now abroad and cannot 
enter the United States, the country of her birth. If she were 
resident in this country she could apply for naturalization 
papers. Her case is not an isolated one. 

It was in part to obviate such conditions that the Cable 
Law was passed in 1922 demanding personal statements from 
women regarding their citizenship. Unfortunately, the law 
was not made retroactive, and it could not supersede treaty 
agreements between other nations and ours; neither could it 
control statutes and customs of foreign lands. 

The Cable Act also expressly expatriates a woman 
who marries an alien ineligible to citizenship. 

ATTITUDE OF CHINESE AND JAPANESE TOWARD PRESENT 

NATURALIZATION LAW 

The wish of Chinese and Japanese to become citi- 
zens is another disputed question; probably a fair 
rationalization would be that the former desire this 
to some extent, the latter, when in contact with com- 
munity life, are receptive — in fact, probably more, so 
than the general run of American immigrants. Star- 
tling evidence relative both to the desire for naturali- 
zation by the so-called old immigrant and by the new 
immigrant, and to the causes therefor, has been com- 
piled by Mr. Allen T. Burns, showing, too, that the 
highly educated foreigner is the hardest of all to 
Americanize. 

On behalf of the Carnegie Corporation, we took a date 
before the war and investigated all the applications, 26,000, 
in 28 courts, scattered from lower Massachusetts to Seattle, 
Washington. These 26,000 were one-fifth of all the aliens 



114 RESIDENT ORIENTALS j 

who were naturalized that year. We divided the applicants 
by nationalities and found that they were distributed in the 
same proportion as all the foreign-born in these 28 cities. 
Hut we also found that there is a considerable difference 
between nationalities in respect to the rapidity with which 
they apply for naturalization, though this does not run as 
between Northwestern European and Southeastern European. 
Those who became naturalized most quickly were people 
from Turkey, not those from England or Germany. Then 
came Greece, Ireland, Russia, Rumania, Hungary, Holland, 
Denmark, Austria, Finland, Scotland, Norway, Italy — 11 
years. Then England — 11.7 years; Germany — 11.9 years; 
France — 11.9 years; Switzerland — 12 years; Sweden — 13 
years; Canada — 16 years. 32 

The following communication to the Los Angeles 
Times, February 8, 1927, is pertinent to the whole dis- 
cussion : 

To the Editor : In this morning's Times we are honored 
with a letter that deals with the deportation of "criminal" 
aliens. Mr. Polleys would deport any and every alien who 
bumped up against any and every law we have, even if it is 
manifestly a freak or unjust law. And we all know that our 
poor country is overburdened with freak laws! 

This gentleman's argument is that "because the alien does 
not wish to take any responsibility of citizenship" he should 
be kicked out at the first lack of respect show^n our law r s, 
whatever they be. 

I wish to ask Mr. Polleys what he would do with the 
66 per cent of American citizens who run afoul of our laws 
and "do not wish to take any responsibility of citizenship" — 
our non-voters? Would he banish them to Tia Juana or to 
Nicaragua? 

And why should an alien be #sked to become a citizen in 
the first place? How do we feel about it when Americans 
become citizens of foreign countries? All we should ask them 
is to be decent, willing workers, obedient to just laws and 
not to bother about running our government. 

(Signed) Ernest McTeague 

32 Allen T. Burns, "Immigration and Citizenship," in Opinions 
Expressed at the Civic Development Group Meeting of the Chamber 
of Commerce of the United States, May 8, 1923, pp. 21-23. 



NATURALIZATION 115 

ATTITUDE OF AMERICANS TOWARD NATURALIZATION OF 

CHINESE AND JAPANESE 

What is the present American attitude relative to 
naturalization of resident persons of Asiatic origin? 

There is one group which is not satisfied with con- 
ditions as they exist but wishes to exact further re- 
strictions upon Orientals already here including 
those who are American-born. Thus, in the last ses- 
sion of the California legislature, a law was passed 
which throws the burden of proof of citizenship or 
eligibility to citizenship upon the defendant in any 
action relating to the enforcement of California land 
laws. This so-called Scudder Act, which may prove 
to be unconstitutional, is discussed further in the 
chapter on "Property Rights." 

A second suggestion consists of a proposed amend- 
ment to the Constitution of the United States which 
would deny to American-born children of Asiatic 
parentage the right to become citizens. This radical 
new departure, introduced at intervals by Senator 
Jones of Washington, ex-Senator Phelan of Cali- 
fornia, and others, has obviously met with strong 
resistance because in contravention of established 
American policy. 33 

In 1920, the Oregon legislature sent a memorial to 
Congress urging the submission of such a constitu- 
tional amendment to the states. 34 

To hope to change a great American constitutional 
precedent of this character would seem to be a futile 
proceeding as well as an effective way of making an 
illogical situation worse; yet the legislatures of the 

33 See testimony of Seattle ministers, and the Auburn Minute 
Alarm Women, p. 1212, Vol. 4, of the Hearings before the Com- 
mittee on Immigration and Naturalization, House of Representa- 
tives, Sixty-Sixth Congress, First Session, 1920. 

34 Ore. Laws, 1920, Senate Joint Resolution, No. 1. 



116 RESIDENT ORIENTALS 

Western states in their present temper may be ex- 
pected to continue their attempts to bring this matter 
to the fore. 

There is also a strong American undercurrent in 
favor of easing the hardships confronting resident 
Orientals under the Naturalization Act. One such 
move is the proposal to naturalize the Hindus already 
in the United States, a matter which was called to 
the attention of Congress by a bill introduced by Sen- 
ator Copeland of New York, but strongly opposed by 
the California interests working through the Joint 
Immigration Committee, because of the expressed 
fear that such a precedent would then likely be ap- 
plied to other ineligible aliens. Another proposal has 
been to modify the conditions of entrance into the 
United States through a Constructive Immigration 
Policy, 35 which would doubtless soon react upon the 
present qualifications for citizenship. 

POSSIBILITY OF CHANGE IN PRESENT LAWS 

There are some persons who believe that the Su- 
preme Court decisions and the naturalization laws 
upon which they are based are not immutable. It 
should be stated, however, that the Supreme Court 
has practically never reversed itself, even with the 
introduction of fresh evidence. There is the possi- 
bility, however, that scientific investigation may dis- 
close at some time or other a white race origin for the 
Japanese, contrary to the acceptance of current data 
by our highest court. 36 

35 Usually called the Gulick Plan, and described by him in 
numerous books and articles, such as S. L. Gulick, The American 
Japanese Problem, chap. xvii. 

36 The learned Dean of Northwestern University Law School, 
J. H. Wigmore, had an article in The American Law Review, 
Vol. 28 (1894), pp. 818-827, in which he proved to his own satis- 
faction that the term "white" may properly be applied to the 
Japanese race. 



NATURALIZATION 117 

There may be in time a new basis for citizenship 
as suggested by Professor Treat : 

The federal government should also make a positive 
contribution to the solution of this problem by adopting a 
new naturalization law which will make the basic qualifica- 
tion for citizenship something besides color. It seems almost 
unbelievable that the great democracy of the West should 
deny the suffrage to all save free white and Negro adults. 
Only trained ethnologists should administer such a law, for 
there are many people who pass as white who are descended 
from a yellow race. The Chinese are denied naturalization 
by a special act of Congress, but Japanese formerly were 
admitted to citizenship by judges who stressed the status of 
freedom rather than the accident of color. 37 

The naturalization rules and regulations make no 
mention of aliens ineligible to citizenship and are 
based solely on statute. Therefore a change in the 
existing law would be the simple remedy in case of 
a strong national desire to modify the existing situa- 
tion. It does not appear, however, that there is any 
particular popular interest in such a proposal. In 
fact, the American policy seems so firm that a leading 
anti-Japanese Calif ornian presents the challenge: 

Americans who have so energetically urged the admission 
of Japanese under the quota system ought to change their 
tactics. Instead of belaboring the "ineligible-to-citizenship" 
clause in the Immigration Law they ought to stage a drive 
for the repeal of the Naturalization Law of 1790. Such a 
contest would clarify the atmosphere. It would induce us 
to think as much about the future of our own country as we 
now do about the grievance of Japan. 38 

EFFECT OF PRESENT LAWS 

That Japanese — Chinese, also, of course — are fitted 
for American citizenship was firmly believed by the 

37 Payson J. Treat, Japan and the United States, 1853-1921 
(Boston 1921), p. 265. 

38 Paul Scharrenberg, "America's Immigration Problem," 
American Federationist, Vol. 34, No. 3 (March, 1927), p. 305. 



1 1 <S RESIDENT ORIENTALS 

man who was responsible for the reform in our 
naturalization situation, Theodore Roosevelt, whose 
views are expressed in his message contained in 
Select Document C of this book. Also, in the Ozawa 
case, Mr. Justice Sutherland took occasion to state 
that the appellant was "well qualified by character 
and education for citizenship." Further, it is fair to 
state that America's Exclusion and Naturalization 
laws have had in mind what may fairly be called an 
inferior type of national representative. But what 
change, if any, may be made in our naturalization 
laws should take proper account of state, national, 
and international policies. 

As a result of our naturalization laws, we are in 
the anomalous position of stating solemnly that cer- 
tain aliens cannot possibly qualify for citizenship, 
yet their children, if they happen to be born on 
American soil, are American citizens. That the test of 
color rather than personal worth should constitute 
the prime basis of citizenship is a sad commentary 
on American legislative wisdom. 



CHAPTER V 

EXCLUSION 

IMMIGRATION AND TREATMENT OF RESIDENT ASIATICS 

The overshadowing factor in relations between 
nations separated by the Pacific Ocean, even more 
than between nations on the same continent, is mi- 
gration. Whether the prime consideration of the 
moment is that of surplus population, the mainte- 
nance of a desirable man-land ratio, the three C's — 
caste, color, and creed — military fears, economic 
competition, community welfare, international amity, 
the belief in one universal Father, the Golden Rule, 
expediency or prejudice, the subject of migration 
remains with us irrespective of whether the desirable 
solution is to be best discovered in ethics, force, or 
law. A very brief reference to this vast topic, there- 
fore, is included in this study. 

The stand of group organizations in California 
presents a clear picture of local forces at work: 

The extreme views of organized labor, the American 
Legion, the Native Sons, the Grange, together with ex-Senator 
Phelan, Attorney-General Webb, and V. S. McGlatchy, are 
represented in the California Joint Immigration Committee, 
an organization which went on record in the fall of 1924 
(partly as the result of a false charge regarding a Japanese 
resident, and partly to soften the blow of Section 13) as 
favoring the "square deal" for resident Orientals. 1 The 
friendly Japanese Relations Committee of California reported 
in 1920 that "the greatest hindrance to friendly relations 
between Japan and the United States is the increasing num- 
ber of permanent Japanese residents." Big business is well 
disposed toward industrious aliens like the Japanese or 
Chinese. 

1 See Select Document P. 

119 



120 RESIDENT ORIENTALS 

The California Federation of Women's Clubs (1924) ex- 
pressed to the women of the Orient and the Occident "our 
desire that we may arrive at an understanding of and a 
friendship for each other." The Southern California Sunday 
School Convention proceeded upon the assumption that "we 
understand that the Japanese government is not asking for 
free immigration. " An American missionary from Japan, 
speaking in Stockton lately, said : "There '11 be no exclusive 
districts in the Kingdom of Heaven. .... This does not 
mean that we missionaries believe in free and unlimited 
immigration of the Japanese. It is not the fact of exclusion to 
which we object — it is the method of exclusion. This is also 
the point of view taken by the Japanese." The church and 
missionary organizations have protested against the spirit 
and methods employed in dealing with Oriental relations, 
but t^hey too do not publicly advocate unrestricted immigra- 
tion, but state their Christian belief that they "are unalterably 
opposed to any and all legislation which discriminates 
against any particular nation." Finally, it should be made 
clear that the individual churches in the state do not author- 
ize any outside organization to speak for them, but as indi- 
vidual communicants they are nevertheless in sympathy with 
the purpose, although not with the method, of Oriental im- 
migration acts; and, it must be admitted, many ordained 
clergymen take a surprisingly extreme stand for exclusion. 
Generally speaking, however, there is abundant evidence in 
California of great latent good-will toward Japan and the 
Japanese, once fears are removed or greatly diminished. 2 

The expressed views of church leaders, including 
Dr. Gulick, 3 Rev. Dr. Mark A. Matthews of Seattle, 4 
Rev. Paul B. Waterhouse, president of the Japan- 
American Society of Southern California, 5 and other 

2 Eliot G. Mears, "California's Attitude toward the Oriental," 
The Annals of the American Academy of Political and Social 
Science, Vol. CXXII (November, 1925). 

3 S. L. Gulick, The American-Japanese Problem, p. 184. 

4 Testimony before the House Committee, Hearings before the 
Committee on Immigration and Naturalization, House of Repre- 
sentatives, 66th Cong., 2d Sess., July-August, 1920, Part 4, pp. 1081- 
1096. 

5 A statement made at a meeting of the Institute of Inter- 
national Relations, Riverside, December, 1926. 






EXCLUSION 121 

spokesmen for good-will groups, uniformly oppose 
an unrestricted or even a large immigration from 
Asia to our shores. Their position as well as that of 
other leaders has been distorted in the mesh of racial 
and political prejudices. Few churchmen would ob- 
ject to the statement of their own position as voiced 
by Rt. Rev. E. L. Parsons, former Bishop Coadjutor 
and now Bishop of California: 

Now, in dealing with this situation, the difficulty is not 
made easier by the fact that the main purpose of the agi- 
tation is right and desirable. What is wrong is the method, 
for hatred and distrust and intolerance are always wrong. 
What is vicious is that the leaders are frightening public 
sentiment into extreme measures, which can only increase 
bad feeling, to gain an end w T hich can be attained by moder- 
ate, just, and peaceful means. 

The main purpose is to protect American life and stand- 
ards which would appear to be threatened by any large body 
of Japanese, with their so different type of civilization. 

To sum up : a true American policy is the same as a true 
Christian policy. It means an agreement with Japan in the 
interests of world peace to stop further immigration; and 
it means an honest effort to Americanize the Japanese already 
here. Until such efforts have failed, we have no right to 
appeal to what is essentially force. 6 

One should not forget, therefore, that the two 
questions of immigration and of treatment of resi- 
dents are theoretically distinct, yet are never dissoci- 
ated either in the popular mind or in policies for 
foreign affairs. Secondly, the Asiatics, both Japanese 
and Chinese, are resentful of the circumstances un- 
derlying the passage of the 1924 Act and its impli- 
cations: the actual limitation of numbers is now the 
approved policy of the Mikado's government, 7 while 

,; Leaflet entitled The Japanese Question in California (San 
Francisco), pp. 3 and 8. 

7 Elihu Root, Addresses on International Subjects (Cambridge, 
1916), pp. 45-46, as historical evidence. 



122 RESIDENT ORIENTALS j 

China is not a country of emigration and is not greatly 
interested in this phase of the question, a fact re- 
ferred to by Elihu Root in his Addresses on Inter- 
national Subjects as follows: 

.... The occasion for considering this difference natu- 
rally depends very much upon the capacity of the emigrants 
for assimilation with the people of the country to which 
they go. The wider the differences in race, customs, tra- 
ditions, and standards of living, the less is the probability 
of assimilation and the greater the certainty that emigration 
of large bodies of people will assume the character of peace- 
ful invasion and occupation of territory. After many years 
of discussion China has come to recognize the existence of 
such a distinction in respect of Chinese emigration to North 
America. Japan has recognized it from the first, and there 
has never been any question between the governments of 
Japan and the United States upon that subject. 8 

Reference to the recognition of this point has also 
been made by Dr. P. J. Treat. 9 The exclusion pro- 
visions, generally speaking, can be stated briefly. 

EXCLUSION PROVISIONS 

"The authority to control immigration — to admit 
or exclude aliens — is vested solely in the federal gov- 
ernment." 10 Consequently, Congress has the power to 
exclude or expel any aliens or class of aliens, as a 
part of the inherent right of any sovereign govern- 
ment. 11 At various intervals in the historv of our 
country Congress has seen fit to exercise this power 
when it was deemed necessary. The first exclusion 
act affecting Asiatic immigration was that of 1882 
regulating the admission of Chinese into the United 
States. 12 This act excluded Chinese from the United 

s Elihu Root, op. cit. 

9 Payson J. Treat, Japan and the United States, chap. xiii. 

io239 U.S. 33 (1915). 

ii 149 U.S. 698; 259 Fed. 401; 259 Fed. 733 (1919). 

12 Act of May 6, 1882, ch. 126, par. 14. 



EXCLUSION 123 

States with certain exceptions as provided for by 
treaty. Thus even after the Act of 1882, Chinese 
teachers, students, merchants, or tourists could enter 
the United States as provided for by Article II of the 
Chinese-American Treaty of 1880, but the great bulk 
of Chinese immigration into the United States was 
curtailed by this Act. 

The last Act of Congress providing for wholesale 
exclusion applied to Asiatic peoples was the Immi- 
gration Act of 1924: "No alien ineligible to citizen- 
ship shall be admitted to the United States unless 
such alien first is admissible as a non-quota immi- 
grant under the provisions of subdivisions (6), (d), 
or (e) of Section IV, or, second, is the wife or the 
unmarried child under eighteen years of age of an 
immigrant admissible under such subdivision (d), 
and is accompanying or following to join him, or 
third, is not an immigrant as defined in Section III." 13 
Section III excludes from the class "immigrant," gov- 
ernment officials and employees and their families, 
tourists temporarily here for business or for pleasure, 
an alien in continuous transit through the United 
States, a bona fide alien seaman, or an alien entitled 
to enter the United States solely to carry on trade 
under and in pursuance of the provisions of existing 
treaties of commerce and navigation. 

But with the exceptions indicated, aliens ineligible 
to citizenship are denied admission to the United 
States by this Act. As indicated in the chapter on 
"Naturalization," supra, the following have been de- 
clared ineligible to citizenship and therefore come 
under the provision above: Chinese, Japanese, native 
Hawaiians, Burmans, Hindus, and Canadian Indians. 

Since Article VI, Section 2, of the Constitution of 
the United States places treaty provisions and the 

is Public No. 129, 68th Cong. (H.R. 7995), Sec. 13, par. C. 



121 RESIDENT ORIENTALS 

v 

laws of Congress on equal footing as part of the 
supreme law of the land, it follows that an act of 
Congress made subsequent to a treaty abrogates any 
inconsistent provisions in the prior treaty. Hence, 
the Immigration Act of 1924 abrogates all laws and 
treaties relating to immigration, exclusion, or expul- 
sion of aliens inconsistent with its provisions, and 
the only treaty rights reserved are those relating to 
aliens entitled to enter the United States solely to 
carry on trade under and in pursuance of a present 
and existent treaty of commerce and navigation as 
provided in Section III of the said -act. 14 

It is clear, then, that under our present laws aliens 
ineligible to citizenship are in general denied en- 
trance into the United States, that this provision ap- 
plies to Asiatics, and that the law takes precedence 
over any prior inconsistent treaty provisions. Since 
the Chinese were already excluded by the Act of 1882, 
the Act of 1924 does not materially affect them. But 
it does add to the excluded class Japanese, Hindus, 
et cetera. 

DEPORTATION PROVISIONS 

But not only does the federal government and 
Congress in particular have power to exclude any 
class of aliens from the United States, but also it 
possesses the power to deport any alien already in 
the country, unlawfully here or found undesirable, 
and our federal laws so provide. Thus, it was held 
in 7 Fed. (2 U.S.) 611, that where a Chinese enters 
the United States unlawfully, he cannot thus acquire 
an exempt status by engaging in the business of a 
merchant and therefore evade deportation. In 11 
Fed. (2 U.S.) 988, it was held that an alien confined in 
jail for nine months thereby becomes a public charge 

14 Jen Jo Wan vs. Nagle, 9 Fed. (2) 309. 



EXCLUSION 125 

and is consequently subject to deportation at any 
time within three years after entry. 

The state has the power to co-operate with the 
federal government in bringing about the deporta- 
tion of any undesirable aliens found within its bor- 
ders such as paupers, sick, criminals, etc., in the valid 
exercise of its police power, but it can not exclude 
from its borders able-bodied individuals w r ho did 
not fall within the foregoing classes, because this 
latter would be an invalid exercise of the commerce 
power granted to the federal government. 35 

In the California Statutes of 1891, p. 185, it was 
provided that no Chinese should be allowed to come 
into California, that all Chinese resident here should 
be registered and certificates of their residence here 
filed, but as indicated above, this law was declared 
unconstitutional. 16 Even though a state cannot thus 
provide for general exclusion it may, as indicated 
above, make reasonable regulations in the exercise of 
its police power as to undesirables coming into the 
state. Thus it is now provided in the California Penal 
Code 174 that every person bringing any person born 
in China or Japan into California is guilty of an of- 
fense unless he first presents to the Commissioner of 
Immigration satisfactory evidence that the said per- 
son voluntarily desires to come, and is a person of 
good moral character. And the law provides for the 
issuance of a permit from said commissioner on the 
showing of these facts. This law is justified as a pre- 
ventive measure to insure a desirable class of immi- 
grants coming from these countries. Naturally it is 
of less value now in the light of our Federal Exclu- 
sion Acts. 

15 20 Cal. 534; 42 Cal. 578; 49 Cal. 402; 3 Sawyer 144; 1 Fed. 
481; 3 Pac. C.L.J. 472 and 413. 

36 101 Cal. 197. 



126 RESIDENT ORIENTALS 

California Political Code 2191, as amended in 1923, 
Statutes of 1923, p. 160, provides for the co-operation 
of the California Immigration Commission with the 
United States immigration officers in the removal 
from the state of alien public charges. By these meas- 
ures it is clear that California, like most states, is 
endeavoring to protect herself from undesirable im- 
migrants, such as paupers, sick, and criminals, enter- 
ing the state or becoming a burden on the state as 
public charges. Any attempt on the part of the state 
to go farther than this is not a valid exercise of its 
police power and therefore unconstitutional as indi- 
cated above. 

Oregon has a like statute applying to all public 
charges, and prohibits such persons being brought 
into the state for treatment except through necessity, 
and provides a penalty for violation of this pro- 
vision. 17 

Washington also makes it the duty of the state 
officials to co-operate with the United States immi- 
gration authorities to arrange for the deportation 
from the state of all alien insane now or hereafter 
to be confined in state institutions for the insane, and 
for the transportation of these aliens out of the 
state. 18 Washington Statutes of 1925, p. 469, makes it 
the duty of state officials to report all alien public 
charges to the immigration officials of the United 
States and to furnish further information to said 
officials on request. 

Such provisions are by no means peculiar to the 
Pacific Coast states but are common throughout the 
United States. 

Few cases of deportation of Chinese and Japa- 
nese except where smuggling has been detected and 

it Laws 1921, ch. 216. 
is Stats. 1921, p. 633. 



EXCLUSION 127 

proved appear in the records of our immigration 
service. Information has come to the writer's at- 
tention where Chinese living in Lower California 
(Mexico), desiring to return to China, get caught 
intentionally as they cross our border; the result 
is that they get free transportation back to China at 
the expense of the United States! This procedure 
does not strike the Chinese as unethical for the 
reason that they regard these covering laws them- 
selves as unethical — an illustration of Occidental ver- 
sus Oriental logic. With reference to violation of 
other laws there are strikingly few successful prose- 
cutions which merit or result in expulsion from the 
country. 

TREATMENT AT THE BORDER 

A serious feature of the exclusion acts is the fail- 
ure of the United States to set up machinery for the 
satisfactory movement of exempted persons. Not only 
do Chinese merchants, in particular, transfer their 
business connections to Vancouver, London, and Paris 
because of the indignities to which they are frequently 
subjected at our ports, but also American-born Orien- 
tals are subject to what amounts to a virtual inquisi- 
tion when they wish to return home after a prolonged 
absence. To the United States Immigration Service, 
in its unwillingness to recognize the passports of 
our own State Department, a result partly due to a 
rather voluminous record of fraudulent certificates, 
is added the United States Customs Service as a third 
branch of the government, which usually requires 
affidavits both in Asia and America. 19 

The American treatment of the Chinese merchants 
is described (September, 1924) by representatives of 

19 Nowadays, the Chinese and the Japanese are handled by 
different staffs at the Pacific Coast ports: the latter have little 
difficulty in effecting a speedy entrance. 



128 RESIDENT ORIENTALS 

the leading Chinese community outside of China it- 
self:- 



STATEMENT BY THE CHINESE CHAMBER OF COMMERCE 

OF SAN FRANCISCO 






The officers and members of the Chinese Chamber of 
Commerce of San Francisco respectfully direct your atten- 
tion to the following letter received from our attorney, O. P. 
Stidger, Esquire, and request that you consider the injustice 
pointed out and do all within your power to relieve the in- 
tolerable conditions enforced upon the Chinese mercantile 
interests of this country — by securing a Congressional amend- 
ment to the Immigration Law of 1924. 

The fact that we are restricted by the Immigration Law 
of 1924, in addition to being subjected to the harshness of 
the various treaties and exclusion laws since 1844, makes it 
impossible for us to continue in unbuilding and maintaining 
friendly business relations with 6ur brother-merchants in 
the Orient. This intolerable and deplorable condition can 
be remedied only by the co-operation and assistance of those 
who believe that the future of San Francisco and the whole 
Pacific Coast lies within its trade with the Orient. 

With these thoughts in mind we ask for your hearty 
co-operation. 

Respectfully, 

The Chinese Chamber of Commerce 
of San Francisco 

• By Y. K. Gee, 

President 
By B. S. Fong, 

Secretary 

STATEMENT BY O. P. STIDGER, ATTORNEY 

1. No Chinese merchant, lawfully domiciled in the United 
States, no matter how long his residence, nor what his 
financial interests in the country may be, can bring his 
lawfully wedded wife and legitimate minor children to 

2 o Booklet, "High Lights on Chinese Exclusion and Expulsion," 
The Immigration Law of 192b as It Affects Persons of Chinese 
Descent in the United States, Their Business Interests, Their 
Rights and Their Privileges, Oliver P. Stidger, Attorney and 
Connselor-at-Law (San Francisco, 1924). 



EXCLUSION 129 

America and the home made by his toil, his thrift, his 
industry, and his honesty. 

2. Chinese merchants, residents in China, who seek to enter 
the United States must prove to the Commissioner of 
Immigration at ports of entry that they seek to enter the 
United States for the sole purpose of engaging in trade 
and commerce between the United States and China. This 
ruling, if adhered to, is impossible of compliance. 

3. No Chinese lawfully domiciled merchant can visit China, 
marry, and return to the United States with his lawful 
wife; nor can native-born children of a Chinese merchant, 
lawfully domiciled here, who are supposed to have the 
rights and privileges of American citizens by reason of 
their birthright, go to China and marry people of the race 
of their fathers and return with them to the United States, 
to their homes and firesides. 

4. Chinese merchants are not only subject to the provisions 
of the Immigration Law of 1924, but also to all acts and 
treaties and exclusion and expulsion regulations since 
18U. 

O. P. Stipger, 
Attorney and Counselor-at-Law 

San Francisco, California, 1924 

"gentlemen's agreement" superseded 

With reference to Japanese-American relations, 
no greater disagreement has arisen than in the inter- 
pretation of the "Gentlemen's Agreement." This un- 
derstanding, already discussed at some length in 
chapter i, was an understanding, the exact text of 
which has never been made public, although its in- 
tention to restrict the immigration of laborers from 
Japan to the United States is well recognized. De- 
spite loose statements made by private organizations 
and by individuals to the effect that the Imperial 
government has not carried out this agreement faith- 
fully, there is absolutely no proof as far as either 
public or private records go to justify this insinuation. 
Both American and Japanese writers of standing 
agree on this point. As in the case of other immi- 



1M RESIDENT ORIENTALS 

grants, there has been some smuggling of Japanes 
over the borders, yet not in a single case has there 
been any connection traced to the Japanese govern- 
ment. It is inevitable that in heated discussions where 
the racial factor looms large, statements are made 
which can never be proved. The American govern- 
ment, as well as doubtless the vast majority of Ameri- 
can citizens, has never seen any reason to question 
the good faith of Japan. 

From the American point of view, however, this 
agreement did not work out satisfactorily, when one 
observes that the Japanese population in America, 
excluding that of Hawaii, increased from 24,346 in 
1900, and 72,157 in 1910, to 111,010 in 1920, while 
during the same period the Chinese population in 
America decreased. The explanation of this increase 
in population is due, however, to the number of 
'picture brides" coming to America, which was not 
in violation of the "Gentlemen's Agreement," and to 
the number of children of Japanese parentage born 
on American soil. This analysis almost invari- 
ably overlooked in the uncontrolled agitation over 
the operation of the "Gentlemen's Agreement." For 
instance, there were fewer Japanese males in America 
in 1920 than in 1910. To the American, particularly 
the Californian, however, the augmentation of per- 
sons of Japanese parentage has been the prime issue. 

"On the whole," writes Professor Yoshi S. Kuno, 
of the University of California, "the Gentlemen's 
Agreement has been faithfully adhered to. However, 
it has functioned in a most unexpected way, and the 
outcome is a condition entirely unforeseen. Instead 
of checking immigration as was intended, the agree- 
ment has brought about directly opposite results, and 
many perplexing problems have arisen therefrom. 
. . . . By this compact the Japanese covenanted not 






EXCLUSION 131 

to permit either skilled or unskilled labor to enter 
Continental United States, and specified merchants, 
professional men, students, the wives or husbands of 
persons living in the United States, their fathers and 
mothers, and dependent children as those qualified 
to have passports issued to them." 21 

That Japan believed that the Act of 1924 was 
enacted because Americans felt that Japan had not 
lived up to the "Gentlemen's Agreement" was stated 
by Mr. Yusuke Tsurumi at the Institute of Pacific 
Relations, 1925. Likewise, in his Columbia University 
lectures, 1924, he asserts: 

So I may summarize that immigration in itself was not a 
substantial element in the issue raised by the act of Congress, 
but that the methods by which the bill was passed and the 
circumstances amid which it was written upon the statute 
books, produced a profound and widespread impression 
throughout the length and breadth of Japan and brought 
in its train grave consequences. 

.... I repeat, for the wrong impression prevails in many 
quarters in America, the issue was not immigration. As far 
as affording any outlet for the peasants and laborers of Japan 
is concerned, that issue was closed years ago, and any addi- 
tional guaranties required for the security of American 
national life would have been gladly yielded. The sole issue 
: was the method of handling an affair on w r hich a friendly 
agreement already existed. To my Oriental mind, the pro- 
cedure of Congress is inexplicable. 22 

Professor George H. Blakeslee, in his Wesleyan 
University lectures, 1924, calmly and clearly says: 

Most unfortunately the majority of the Japanese ap- 
parently still believe that it was race prejudice, and not 
economic considerations, which led Congress to pass the 
Exclusion Act. 23 

23 Yoshi S. Kuno, What Japan Wants (New York, 1921), pp. 8, 12. 

22 Yusuke Tsurumi, Present-Day Japan (New York, 1926), 
pp. 105, 109. 

2 s George H. Blakeslee, The Recent Foreign Policy of the United 
States (New York, 1925), p. 288. 



1152 RESIDENT ORIENTALS 



OTHER MEANS OF RESTRICTING IMMIGRATION 

The leading article in the "Message of Japan t< 
America" has a headline which reads, "Not Restric- 
tion but Discrimination." 24 

The wisdom of American exclusion with reference 
to the Japanese is thus stated by Professor Treat: 

In considering this problem of immigration we must b 
guided by practical rather than theoretical considerations. 
Man for man, the Japanese immigrants compared very favor- 
ably with the European immigrants of this period. They 
were generally literate, almost always law-abiding, indus- 
trious, and ambitious to rise in the world. But, until the 
white residents of California were ready to receive the Jap- 
anese on terms of social and political equality, they would 
present all the undesirable aspects of mass immigration. 
Against them would be raised the old economic, social, and 
political objections, and these would be believed just as long 
as the people knew so little about the Japanese that they 
would not ignore them. In time, with the spread of more 
information and with more experience, racial antipathies 
will doubtless subside, but no good can be accomplished by 
forcing this process too speedily. It was much better to 
restrict the immigration of Japanese laborers until their 
presence would not be considered a problem or a menace. 
And this restriction should carry with it no implication that 
the Japanese are inferior to the Americans or undesirable 
as residents. It merely means that they are different, and 
that the time is not ripe for mingling large numbers of people 
of very different race and culture. If the conditions were 
reversed, and Japan were threatened with the immigration 
of a considerable number of white laborers who would, be- 
cause of racial and cultural conditions, tend to form mass 
settlements, Japan would be equally justified in protecting 
her own people by similar arrangements. 25 

The two questions which loom largest in exclusion 
policies, which relate to the Chinese no less than to 

24 The replies of sixty-three prominent Japanese to a national i 
questionnaire are summarized in Select Document O. 

25 Treat, op. cit., pp. 257-258. 



EXCLUSION 133 

the Japanese and in the same general fashion, are the 
possibilities of migration from the Hawaiian Islands 
to the mainland, and of admission of Asiatics under 
the quota law. 

The first matter is complicated both because so 
manv Orientals come to Hawaii under labor con- 
tracts, and because the births of their children have 
frequently not been recorded. With approximately 
200,000 Orientals in the Territory of Hawaii — Japa- 
nese outnumbering any other group — the recognition 
of birth on American soil might result in a heavy 
influx to Continental America. 

Agitation for placing the Japanese on the quota, 
less marked thus far with respect to the Chinese, is 
actively sponsored by numerous good-will organi- 
zations, conspicuously the Federal Council of the 
Churches of Christ in America, which, at its Detroit 
meeting in 1925, overwhelmingly approved the rec- 
ommendation of the Committee on Good Will and In- 
ternational Justice of this federation that "the Council 
should take some steps toward expressing to Congress 
I disapproval of Japanese exclusion and to ask repeal 
of Section 13 of the 1924 law." 26 This strong affirma- 
tive stand was taken in spite of the admonition from 
the State Church Federation of California that such 
precipitous action was unwise. The apparent willing- 
ness and desire of Japan to be placed under the quota 
would remove the implication of inferiority, while 
the actual number who would be admitted under the 
quota plan would be a maximum of 100 persons 
annually. 

This concrete evidence that Japan is primarily 
concerned about the discriminatory feature not only 

26 See Select Document Q. Similarly, Secretary of State 
Charles E. Hughes recommended this in his letter of February 8, 
1924, International Conciliation, No. 211, p. 180. 



134 RESIDENT ORIENTALS 

has failed to assuage Calif ornian organized effort but 
instead has stirred up fresh propaganda by state rep- 
resentatives of the American Legion, the Grange, the 
Native Sons of the Golden West, and the State Fed- 
eration of Labor through its organ, the California 
Joint Immigration Committee, due to the expressed 
fears that any let-down will open up possible sub- 
sequent loopholes for immigration en masse. The 
Pacific Coast is still suspicious of movements initi- 
ating outside of the Golden West. 

Fresh evidence that organized interests in Cali- 
fornia are still unwilling to make concessions on the 
exclusion issue appears in the following item quoted 
from a California newspaper: 

LEGION OFFICERS WARN AGAINST JAP INVASION OF UTAH 

Warning the people of the state of Utah, through messages 
to Governor George H. Dern and the State Legislature of that 
state, American Legion officials of California have called 
attention to the migration of Japanese and other Orientals 
from this state to Utah, and of the seriousness of permitting 
the Japanese to gain a foothold. 

Attention of the Utah legislators has been called to the 
memorial now pending before the California Legislature 
asking Congress not to permit a weakening of the present 
Oriental-exclusion clauses in the present Immigration Act. 

The American Legion, the California State Federation of 
Labor, the California Grange, and the Native Sons of the 
Golden West have joined in the messages sent to the Utah 
officials. 

Legion Posts, Labor bodies, and Granges have been re- 
quested to bring pressure upon the Utah legislators to see to 
it that a memorial similar to that pending before the Cali- 
fornia Legislature is passed and sent on to Washington at 
once. 27 

The initiative for Section 13 of the Act of 1924 
came from California. The naturalization laws of 

27 Pomona Bulletin (California), February 10, 1927. 



EXCLUSION 135 

the federal government provided the modus ope- 
randi. The further national responsibility was shown 
in the one-sided vote of American Congressmen; and 
also in this statement by President Coolidge on sign- 
ing the bill: 'There is scarcely any disagreement as 
to the result we want," adding, "but this method 
of securing it is unnecessary and deplorable at this 
time." 

Under our existing exclusion laws, naturalization 
and exclusion are most intimately related. 



CHAPTER VI 



PERSONAL RELATIONS 



FEW DISABILITIES 



Thus far this report has been concerned with: first, 
the treaty rights of resident aliens in the United 
States and particularly Asiatic aliens resident in the 
Pacific Coast states; second, the constitutional guar- 
anties of these aliens; and third, the federal laws 
affecting naturalization and exclusion. Only those 
state laws and regulations have been touched upon 
which show the extent in which constitutional guar- 
anties and treaty provisions check on state action 
and thus insure the alien a substantial margin of 
protection. Combined with the historical introduc- 
tion in the first chapters these legal aspects pro- 
vide us with the needed background. As to personal 
relations, the disabilities of aliens both at common 
law and under various statutes have largely been 
respecting property rights. The alien throughout the 
United States is under very few disabilities as to his | 
personal relations and enjoys rights and privileges in 
respect to them very nearly on a par with citizens. 1 

One of the few exceptions to this rule appears in 
Section 5508, Revised Statutes of the United States, 
which reads : 

If two or more persons conspire to injure, oppress, 
threaten, or intimidate any citizen in the free exercise or 
enjoyment of any right or privilege secured to him by the 
Constitution or laws of the United States, or because of his 
having so exercised the same; or if two or more persons go 
in disguise on the highway, or on the premises of another, 

1 3 111. Law Review, 493 and 565. 

136 



PERSONAL RELATIONS 137 

with intent to prevent or hinder his free exercise or enjoy- 
ment of any right or privilege so secured, they shall be fined 
not more than five thousand dollars and imprisoned not more 
than ten years; and shall, moreover, be thereafter ineligible 
to any office, or place of honor, profit, or trust created by the 
Constitution or laws of the United States. 2 

The Constitution and U.S. statutes assure the alien 
protection from sectional prejudice by giving the 
federal courts jurisdiction over all civil suits between 
aliens and American citizens. 3 

FIDUCIARY RELATIONS 

In forming agency relations the resident alien in 
the United States is allowed the same freedom as 
citizens. In fact he may enter into any fiduciary 
relationship commonly indulged in by citizens. Thus 
an alien can be a trustee. For example an English- 
man resident in England was named in New York 
state as a testamentary trustee, and the court held 
that he could act. 4 A fortiori, any alien resident in 
the United States could likewise serve. 

To form a partnership, and to perform through 
this form of association anything he could lawfully 
do as an individual, is also the alien's right. The 
Asiatic resident on the Pacific Coast is on a par with 
all aliens throughout the United States in this respect. 

CORPORATE ORGANIZATIONS 

A corporation created by the laws of a foreign 
state is an alien. Consequently, it is subject to the 
same disabilities as a natural alien. 5 

While a state can deny to aliens here the right to 
form or be members of a corporation, or subject them 

2 Elihu Root, Addresses on International Subjects (1916), p. 52. 

3 Elihu Root, op. cit. 

* 167 New York Supp. 162. 

5 3 Dill (U.S.) 408; 19 Wash. 85. 



138 RESIDENT ORIENTALS 

to added requirements for the privilege/ 1 these limita 
lions are not common. Of course an alien cannot do 
indirectly through a corporate organization what he 
is forbidden to do directly; otherwise he would be 
able to defeat the specific provisions of a law by indi- 
rection. Consequently, it has been held in California 
that ownership of stock in a California corporation 
organized for agricultural purposes is such an inter- 
est in real property as to bring such owner within the 
prohibitory provisions of the California Alien Land 
J. aw; 7 the same is also true of the Oregon and Wash- 
ington alien land laws. 

FREEDOM OF CONTRACT 

In general, freedom of contract is enjoyed by the 
alien in the United States. In fact it has been held 
that even where there is a positive prohibition against 
holding lands, an alien can be a mortgagee of real 
property and recover his debt. 8 Some states, how- 
ever, place checks on labor contracts with aliens. 
Thus Wyoming provides that all contracts for labor 
made with an alien prior to the time he comes into 
the state are void after six months from date; but 
that the alien can nevertheless recover for his serv- 
ices quantum meruit. It is questionable if this law is 
constitutional in view of the decision of the United 
States Supreme Court in Truax vs. Raich, 239 U.S. 33, 
cited in the chapter on "Constitutional Guaranties." 

No such limitation of the contract rights of aliens 
has been indulged in by any of the Pacific Coast 
states and, as indicated above, even in the face of the 
alien land laws in these states the contract rights of 
aliens are protected. Of course, an alien cannot make 

6 70 Conn. 590. 

- Frick vs. Webb, 281 Fed. 407, affirmed in 49 Sup. Ct. 115. 

8 9 Wheat (U.S.) 489; 17 La. 312; 6 U.S. (L. Ed.) 142. 



PERSONAL RELATIONS 139 

a valid contract directly contravening the prohibi- 
tions in these land laws; thus, an alien ineligible to 
hold land in California could not make a valid con- 
tract to purchase real property here, or to acquire 
any interest in land within the state, since that is 
specifically prohibited by the Alien Land Law. 9 

But these provisions do not interfere with the 
alien's right of contract any more than that of the 
citizen, since a citizen likewise cannot make a valid 
contract contrary to the prohibitions in the same 
'laws. Hence, the alien land laws do not invade the 
alien's right of contract any more than the citizen's, 
but simply forbid the making of contracts on certain 
subjects by either person. 

GUARDIANSHIP 

The California Alien Land Law of 1920 contained 
a provision denying to aliens ineligible to citizenship 
the right to act as guardians of a minor child when a 
part of the estate of said child consisted of real prop- 
erty which could not be directly owned by the alien 
under this act. In the case of Estate of Yano, 10 it was 
held that an alien Japanese father if competent other- 
wise is entitled to guardianship over the person and 
estate of his minor child; also that a Japanese child 
born in the United States, therefore a citizen of the 
United States, is entitled under Article 14, Section 1, 
Constitution of the United States, and under Ar- 
ticle 1, Section 21, of the Constitution of California, 
to have his parent act as his guardian. But of course 
the transfer to the minor child must be in absolute 
good faith. 

Despite the foregoing decision, and after it was 
rendered, the Legislature of California in 1923 in 

»195 Cal. 84. 
io 188 Cal. 645. 



140 RESIDENT ORIENTALS 

amending the Alien Land Law incorporated the fol- 
lowing provision : "No person ineligible to citizenship 
in the United States, and no company, association, or 
corporation of which a majority of the members are 
aliens ineligible to citizenship in the United States, 
or in which a majority of the issued capital stock is 
owned by such aliens, may be appointed guardian of 
any estate which consists in whole or in part of real 
property." It is difficult to see how this latter pro- 
vision w 7 ill escape the fate of the previous one of 
1920 in the face of the decision in the Estate of Yano 
case. Yet this is the situation in California as to the 
alien's right of guardianship, until those affected see 
fit to institute a test case. 

In Washington, the Laws of 1921, p. 157, par. 3, 
provide that "an alien is not qualified to be trustee 
under a will, executor, administrator or guardian if 
any part of the estate is land," and it is further pro- 
vided that any alien now acting as such can continue 
to so act for not over two years. 

In Oregon, by the Laws of 1923, chap. 98, Section 4, 
no alien or corporation can be a guardian for that 
portion of a minor's estate which consists of property 
which such alien or corporation can not acquire, 
possess, enjoy, or transfer as provided in the alien 
land laws. 

Like the present California provision, the fore- 
going provisions as to guardians are of doubtful con- 
stitutionality in view of the Estate of Yano case. 

RIGHT TO SUE IN THE COURTS 

The privilege of suing in the courts of the United 
States and of the various states is generally freely 
extended to aliens. Thus an alien can sue a citizen of 
the United States in the federal courts. 11 A domestic 

ii Judicial Code, p. 24 (Comp. Statutes, 991) and 43 Sup. Ct. 
Rep. 250. 



PERSONAL RELATIONS 141 

corporation may be sued in a federal court by an 
alien. 12 An alien can sue or be sued in the courts of 
the state of Pennsylvania. 18 Even non-resident aliens 
are allowed to sue for damages under the various 
"wrongful death" statutes in vogue in the various 
states. 14 

This privilege is extended to aliens in California. 15 
A like privilege is extended to aliens in many of the 
states to recover compensation under the various 
"workmen's compensation acts," and the proceeds 
therefrom may be paid to non-resident aliens usually 
through the Consul-General of said alien's govern- 
ment resident in the particular state. 

For example, Oregon has such a provision in Laws 
of 1913, 1G whereby an alien may maintain an action 
under the Employers' Liability Act in Oregon. 17 

If anything, the Pacific Coast states are in the main 
more liberal than some of the other states in extend- 
ing these privileges. Thus in Massachusetts the privi- 
lege of maintaining actions in forma pauperis is lim- 
ited to citizens of the United States. 18 Under the 
Pennsylvania law a non-resident alien was held to 
be disqualified to maintain a suit under the Penn- 
sylvania "wrongful death" statute; 19 Illinois does not 
allow non-resident alien dependents to recover under 
the Illinois "workmen's compensation act." 20 Yet this 

12 237 Fed. 495. 

is 75 Pa. Superior Ct. 159. 

14 52 Ala. 115; 101 Fed. 393; 54 L.R.A. 934; 21 L.R.A. (N.S.) 
267; 182 N.Y. 393. 

is 168 Pac. 348. 

is Oregon Laws, ch. 112, par. 26, and ch. 288, par. 12. 

17 184 Pac. 555. 

is 245 Fed. 484. 

19 Pa. Public Laws, 309; Act of April 26, 1855; 216 Pa. 402; and 
213 U.S. 268. 

20 274 111. 11; Ann. Cases 1918B, 627; and L.R.A. 1918F, 496. 



142 RESIDENT ORIENTALS 

privilege is extended in California: 21 a California 
statute so requires and was held constitutional. 22 

In general, then, the privilege of maintaining an 
ordinary action at law is extended to all resident 
aliens throughout the United States, and, in many 
states purely statutory actions, such as those given 
under "wrongful death" statutes, are extended to 
resident aliens and often to even non-resident aliens. 
The liberality of the Pacific Coast states has already 
been mentioned. 

Aliens were at times excluded as witnesses against 
a white man in a judicial action in the earlier historv 
of our country. Thus California at one time had such 
a provision respecting Chinese^ witnesses and the 
same was held constitutional; 23 but this law is now 
repealed and thus, by the Code of California, all 
aliens can testify in any suit without any discrimina- 
tion whatever in this respect as to race. This latter 
provision of the California law represents the general 
situation in the United States today. 

However, an alien accused of a crime is not en- 
titled to a jury made up of one-half aliens. 24 As 
pointed out in the chapter on "Constitutional Guar- 
anties," since aliens are generally disqualified from 
jury duty, it would be impossible to grant to the ac- 
cused alien the above-mentioned request. 

Justice in the courts too, despite a certain number 
of historically glaring exceptions, is meted out to for- 
eigners. The Anderson News, California, carries this 
commentary on a late widely-heralded case : 

Now that criminals understand that a conviction for 
murder in California means hanging, there will be far fewer 
murderers to hang. It was also a notable fact, that cannot but 

21172 Cal. 407; Ann. Cases 1917E, 390. 

22 172 Cal. 407; L.R.A. 1918F, 496. 

23 40 Cal. 198; 14 L.R.A. (N.S.) 584; 45 Cal. 56. 

24 51 Cal. 599. 



PERSONAL RELATIONS 143 

iave a good effect abroad, especially among the Asiatic na- 
tions, that the murder for which the youths were executed 
was that of a Japanese woman. It will show T the world that 
we have not one law for the whites and another for the 
yellows, and will be a strong argument when any further 
trouble arises with Japan. 25 

Few Oriental grievances come to trial, not because 
they may not be the basis of a good case, but rather 
because the Japanese prefer to arbitrate out of court, 
while the Chinese make prior settlement through 
white lawyers or resort to tong action. For anyone 
to resort to court trial frequently results in tedious 
delay, and, even in the event of a favorable verdict, 
the notoriety is usually one-sided and not conducive 
to good will locally. 

CO-OPERATIVE ORGANIZATIONS 

Since organizations are so important in personal 
relations, consideration should be given to the highly 
developed spirit of organization and co-operation 
characteristic of both Chinese and Japanese, which 
results in extremely few calls on the community for 
charity and general assistance, a situation which is 
most favorable from the standpoint of the commu- 
nity, yet tends to keep the races apart. In many cities 
on the Pacific Coast, these organizations make regu- 
lar contributions to the Community Chest, and receive 
corresponding benefits. However, there are many 
individual cases where preferences for hospital treat- 
ment, for example, have been given to the non-Asiatic. 
The scant social charge of the Oriental on the local 
community is apparent from the following quotation : 

The Oriental, apparently, has been of very little expense 
to the American community. Such records of relief agencies 
as have been studied indicate that the amount of relief given 
is very small. The extent of poverty, delinquency, and crime 
- — in so far as dealt with by American agencies — is slight. 

25 Anderson News (Calif.), February 4, 1927. 



144 RESIDENT ORIENTALS I 



It appears that the organization of the Oriental com- 
munities, in every case, has grown up out of the necessity of 
meeting the strains of life under American conditions. Their 
organized groups have rendered a service, not only in im- 
posing a discipline upon the members of the Oriental com- 
munity but in protecting them from conflict with the larger 
white community outside. This has been apparently, and in 
the first instance, the origin of both the Chinese Six Com- 
panies and the Japanese Associations. 

All the more intelligent immigrant groups, when sub- 
jected to prejudice, have set up similar institutions and or- 
ganizations. An investigation relative to pauperism among 
immigrants, made by the United States Immigration Com- 
mission in forty-three cities, covering the years 1850-1908 
inclusive, showed that the proportion of native-born who 
received aid was very much greater than that of foreign- 
born. This was especially true of the more recent immi- 
grants to the United States from southern and southeastern 
Europe, against whom there has been noticeable prejudice. 26 

■ 

Further discussion of this subject appears more 
properly in chapters xvii and xviii, to which the 
reader is referred for more detailed information. 

The following letter was received from the Assist- 
ant Executive Officer of the California State Com- 
mission of Immigration and Housing, dated April 21, 

1927: 

< 

In reply to your letter of April 15, please be informed that 
this Commission has little contact with Japanese or Chinese 
in this state in the matter of direct aid. It happens that both 
of these races are very well organized and the individuals 
are taken care of by the organizations. 

Our chief point of contact is through our Labor Camp 
Sanitation Act enforcement which is described in the last 
Annual Report, and our dealings with the Oriental are ex- 
actly on the same basis as those with Americans or other 
races in this respect. 






i 



26 Tentative Findings of the Survey of Race Relations, a Cana- 
dian-American study of the Oriental on the Pacific Coast, prepared 
and presented at the Findings Conference at Stanford University, 
California, March 21-26, 1925. 



PERSONAL RELATIONS 145 

EQUALITY IN TAXATION 

The alien is protected against unequal taxation 
under the Constitution and existing treaties. There 
have been, however, some attempts at unequal taxa- 
tion in the various states which have on the whole 
been declared unconstitutional. For example, in the 
California Statutes of 1921, p. 613, a provision was 
enacted placing a poll tax of ten dollars per annum 
on all male aliens between twenty-one and sixty years 
of age, with some exceptions such as paupers, idiots, 
and insane persons; but this law was declared un- 
constitutional. 27 On the other hand, a provision in 
the Iowa Code Supplement of 1907, par. 1467, placing 
a collateral inheritance tax of 20 per cent on an estate 
when the beneficiaries are non-resident aliens, where 
the same tax on other estates was but 5 per cent, was 
held constitutional and not in conflict with the treaty 
with Denmark. - s 

INTERMARRIAGE 

In his domestic relations, too, the alien enjoys the 
same freedom accorded to citizens; and while a state 
constitutionally can forbid marriage between dif- 
ferent races and often does so between blacks and 
whites, 29 still this power is rarely exercised as to 
aliens exclusively. California Civil Code, par. 60, 
makes marriages between white persons and Mon- 
golians illegal and void. 

This subject of intermarriage across the color line 
is a matter of the greatest concern to native residents. 
It is worthy of thoughtful consideration, principally 
because it is the ultimate objection raised by the pro- 
ponents of discriminatory legislation against mem- 

27 Ex parte Kotta, 187 Cal. 27. 

28 In re Anderson's Estate (1914), 147 N.W. 1098. 

29 36 Ind. 389; 63 N.C. 451 and 547. 



1 Hi RESIDENT ORIENTALS 

hers of other than the white race. There is a popular 
belief of rather recent origin that the biological re- 
sults are sure to be unfortunate, but of this problem 
we actually know little. The standpoint of a leading 
student of heredity, Professor W. E. Castle of Har- 
vard University, is worth recording: 

So far as a biologist can see, human race problems are not 
biological problems any more than rabbit crosses are social 
problems. The rabbit breeder does not cross his selected 
races of rabbits unless he desires to improve upon what he 
has. The sociologist who is satisfied with human society as- 
now constituted may reasonably decry race crossing. But let 
him do so on social grounds only. He will wait in vain, if 
he waits to see mixed races vanish from any biological un- 
fitness. 30 

Socially, the results are unhappy in the vast majority 
of cases — it is the biological aspect, however, which 
makes the Westerner fearful when he reflects upon 
the blood intermingling in the Southern States. 

According to Chester Rowell, the opposition in the 
California Assembly to the Anti-Alien Land Law of 
1913 was immediately broken down by the following 
brief, fervid appeal of a California farmer: 

Near my home is an eighty-acre tract of as fine land as 
there is in California. On that land lives a Japanese. With 
that Japanese lives a white woman. In that woman's arms is 
a baby. 

What is that baby? It isn't a Japanese. It isn't white. 
I'll tell you what that baby is. It is a germ of the mightiest 
problem that ever faced this state; a problem that will make 
the black problem of the South look white. 

All about us the Asiatics are gaining a foothold. They are 
setting up Asiatic standards. From whole communities the 
whites are moving out. Already the blood is intermingling. 
At present the problem is comparatively easy and can be 

30 W. E. Castle, in American Journal of Physical Anthropology, 
Vol. IX, No. 2 (April-June, 1926), pp. 145-156; see also Yamato 
Ichihashi, Japanese Immigration (San Francisco, 1915), pp. 49-52. 



PERSONAL RELATIONS 147 

snuffed out. But let it go even a little longer and it cannot 
be snuffed out. 31 

When the Committee on Immigration and Natu- 
ralization, United States House of Representatives, 
held hearings on the Pacific Coast in 1920, the stock 
question dealt with the danger of promiscuous inter- 
marriage. The witnesses were overwhelmingly ap- 
prehensive; at the same time, they had difficulty 
in citing more than a score of such marriages on the 
Coast. - 

Whether or not miscegenation laws of a particular 
state are merely artificial barriers to natural affinity 
can be answered only with difficulty. The experi- 
mental laboratories of Hawaii and the Philippines 
have had the phenomenon, in the case of the Chinese, 
of a heavily predominating male population, many 
of them with wives in China, where the strong pater- 
nal instinct has resulted in marriages with superior 
native women. The children are usually intelligent 
and attractive. Few instances of intermarriage have 
occurred on the American mainland, in spite of the 
strongly unbalanced Chinese sex ratio. The propen- 
sity for intermarriage by the Chinese abroad is stated 
concisely by a Chinese student: 

No doubt the unequal distribution of sex among the Chi- 
nese immigrants explains why so many Chinese take native 
wives. "In many districts the Siamese women prefer a thrifty 
Chinese husband to the lethargic Siamese." "There is also 
very little doubt that the Chinese who came in the early days 
were males; that they married Malay women, but brought up 
their children as Chinese." In British North Borneo, "many 
of the girls marry Chinese traders; in fact, nearly every 
Chinese shopkeeper in an outstation has a Dusun wife." 

S3 Franklin Hichborn, Story of the Session of the California 
Legislature of 1913, pp. 230-231. 

32 Hearings before the Committee on Immigration and Natural- 
ization, House of Representatives, 66th Cong., 2d Sess., July 12-20, 
1920, Part 1. 



148 RESIDENT ORIENTALS 

Domville-Fife records that in Sarawak a large proportion of 
Chinese are country-born and many are of mixed blood, 
"as the Chinese intermarry freely with the natives." "The 
Chinese in the Dutch East Indies have shown a strong 
tendency to interbreed with native stocks through marriages 
with native women." Intermarriage has long been practiced 
in the Philippine Islands, for "the Chinese have no difficulty 
in obtaining Filipino wives. The hardworking Chinaman 
makes a good husband." We are also told that Chinese often 
have "sought marriage alliances with Hawaiians. These the 
Hawaiian women were often glad to make, for the Chinese 
was regarded as a better provider than the Hawaiian." The 
Chinese also have no scruples in marrying red Indians. In 
Mexico, they "frequently marry Indian or half-caste women," 
and a number of Chinese in Guatemala have "married Guate- 
malan wives." Since 1855, thousands of Chinese have mi- 
grated to Peru where "the Chinaman is soon at homeamong 
the Cholos of the interior, and there is no repugnance on the 
part.of the women to mating with him." 

Intermarriage between the Chinese and the white people 
is not very common, owing, undoubtedly, to race prejudice 
on the part of the latter. In the United States it is said that 
"one might count on the fingers of both hands the number of 
American-Chinese marriages between San Diego and Seat- 
tle." This estimate may be a little too low. In Australia "the 
dearth of women of their own race (Chinese), however, 
induced mating with European females where racial ani- 
mosity could be overcome. According to the census of 1911, 
only 801 Chinese were recorded as living with wives. Of 
the latter, 181 were born in China, 485 in Australia, 63 in 
England, 15 in Scotland, and 22 in Ireland." In Siberia, 
however, one report states that the "Russian intermarries 
with the Chinese, the Korean, the Buriat, the Mongol, without 
the slightest suggestion of inappropriateness. Such mixed 
marriages seem to be accepted by both peoples in every case 
without marked social disapproval." 33 

The Japanese keep their blood pure. This is the 
testimony from the Hawaiian Islands and the main- 
land despite an earlier uneven sex distribution. The 
immediate fears, therefore, for any considerable mis- 

33 Ching Chao Wu, Chinese Immigration in the Pacific Area 
(Master's thesis, University of Chicago, 1926). Footnotes omitted. 



PERSONAL RELATIONS 149 

cegenation of the yellow and white races appear 
groundless; yet the passage of hundreds of years 
may tell another storv. 

At the first meeting of the Institute of Pacific Rela- 
tions, an American announced that the miscegenation 
law of Oregon in 1920 was a "pin prick" against the 
Japanese. Commissioned by the American group to 
investigate this matter for the 1927 conference, the 
writer communicated with informed persons in Ore- 
gon. The following statement from Assistant Pro- 
fessor H. B. Sell of the Sociology Department, Reed 
College, covers the situation thus: 

There seems to be no evidence that the provision of the 
Oregon Laws of 1920 regarding intermarriage of white and 
colored people had anything to do with the Japanese. 
There was no legislation on the subject of marriage in Ore- 
gon in 1920, nor were there any measures regarding it 
introduced in the special session of the legislature in that 
year. What happened in 1920 was simply a codification of 
the laws of the state that had been authorized by an act of 
the legislature in 1919. The provisions on marriage in the 
code were drawn from the statutes of 1862 and 1866. In 
short, the issue of intermarriage was not reopened in 1920; 
the earlier legislation was merely automatically incorporated 
in the code. 

This interpretation is confirmed by the fact that there is 
no reference to intermarriage in the three Portland news- 
papers checked up for the period in question. Mr. I. Oyama, 
editor of the Oregon News, Japanese daily in Portland, also 
assured me that there was no intermarriage issue at the time. 

A quotation of the relevant provisions of Section 9721, 
Oregon Laws of 1920, referred to in Mr. Mears's letters, shows 
that the Japanese are not covered by it. It reads: "The fol- 
lowing marriages are prohibited: When either of the parties 
is a white person and the other a Negro, or Mongolian, or a 
person of one-fourth or more of Negro or Mongolian blood. 
Intermarriage with Negroes, Chinese, etc., is made a crim- 
inal offense. See Sections 2163 and 2164." 

Section 2163 reads: "Hereafter it shall be unlawful 
within this state for any white person, male or female, to 



150 RESIDENT ORIENTALS 

intermarry with any Negro, Chinese, or any person having 
one-fourth or more Negro, Chinese, or Kanaka blood, . . . . ; 
nnd all such marriages, or attempted marriages, shall be ab- 
solutely null and void." 

Evidently this latter section, taken from the law of 1866, 
defines the meaning of the word "Mongolian" employed in 
Section 9721, which is from the law of 1862. The same ref- 
erence to Chinese and Kanaka only, so far as Orientals are 
concerned, occurs in Section 2164, also from the law of 
1866, which fixes the punishment for the offense as "impris- 
onment in the penitentiary or county jail not less than three 
months nor more than one year." Apparently, then, the 
term "Mongolian" does not follow popular usage in including 
the Japanese. When it is recalled that the so-called Oriental 
problem in Oregon at the time of the above legislation was 
Chinese, the more limited terms of the latter two sections of 
the law w T ould seem again to be the most plausible interpre- 
tation of its meaning. The seeming difference in the sections 
may be attributed to an intellectual carelessness not unknown 
in state legislators. 

Additional negative evidence is afforded by the Report 
on the Japanese Situation in Oregon, investigated for Gov- 
ernor Ben W. Olcott, August 1920, by the Hon. Frank Davey 
of Salem, Oregon. This publication contains no reference to 
intermarriage, although it takes pains to cover the relations 
of the races generally. 

These inter-racial marriages can be lawfully per- 
formed in Washington and various other states, but 
the fact remains that this will probably continue to 
be an academic question in the Western states for the 
present generation at least. But no investigation is 
more worthy the serious study of scientific and other 
careful thinkers. 

The subject of marriage laws seldom appears in 
court records or popular discussion. There is no move 
to make any change in the existing laws which actu- 
ally carry a far greater discrimination against the 
American Negro, a citizen, than against other racial 
stocks. Even in those cases where the amount of 
Negro blood is as small as one-eighth, the American 



PERSONAL RELATIONS 151 

courts have regarded this as sufficient basis for a 
divorce decree. 

LEGAL RESUME 

In conclusion, with respect to the legal aspects of 
the various personal relations, it is clear that the 
resident alien in America of whatever race enjoys 
considerable freedom and is under few disabilities 
so far as his personal relations go; and that under the 
Constitution, treaties, and state laws, he is accorded 
practically the same privileges so far as freedom of 
contract, right to sue, right to be a witness, right to 
be protected from unequal taxation, and domestic 
relations are concerned, as are enjoyed by native- 
born citizens. 

EXAMPLES OF ACTUAL DISCRIMINATION 

But the individual experiences of Japanese and 
Chinese on the Pacific Coast witness more disabilities 
than occur from the laws which have been described 
above. The reasons for this difference have been 
dwelt on to some extent in chapter i, yet they cannot 
be too plainly understood. Aside from the social and 
semi-caste system which almost invariably results 
when peoples of different races and demeanor meet, 
there have been other marked causes, notably igno- 
rance, misrepresentation, politics,, fear, and hysteria. 

'The general public in this country, unfortunately, 
does not know or understand the Chinese," writes 
Mr. J. S. Tow, Secretary of the Chinese Consulate- 
General at New York. "This is due partly to the 
remaining effect of the propaganda against the Chi- 
nese during the anti-Chinese agitation here, but pri- 
marily to the present prevalence of certain elements 
in this country which make this knowledge and un- 
derstanding impossible. In fact, the public is directed 
to misunderstand us, instead of being given an oppor- 



1T>2 RESIDENT ORIENTALS 

tunity to know us really and truly. It is every day 
and everywhere induced, led, and taught to dislike, 
despise, and hate the Chinese, who have suffered 
public humiliation which they do not deserve." 34 

Similarly, President Raita Fujiyama of the Tokyo 
Chamber of Commerce states that "the people of both 
nations (Japan and America) must not be misguided 
by such extreme opinions which are all too often 
sensationally reported in the press." 35 

Politics, local and international, are stressed by 
both Oriental and Occidental writers of practically 
every conviction. Thus Mr. Paul Scharrenberg, Sec- 
retary of the California State Federation of Labor, 
has written : 

Japanese and American diplomats have so beclouded the 
main issue that the average man who is not a member of the 
diplomats' union, and hence not versed in the fine points of 
that game, cannot possibly follow the play. 36 

Mr. T. Iyenaga and Mr. K. Sato wrote in the same 
year: 

America and Great Britain, while reserving to themselves 
the right of opening or closing their own doors to the Japa- 
nese, will not be playing a fair and even game if they grudge 
to recognize this fact. In the strict adherence on the part of 
Japan to the spirit which gave birth to the "Gentlemen's 
Agreement," and in the just appreciation on the part of 
America of Japan's difficulties at home and abroad, lies one 
of the fundamentals of an equitable solution of the Japanese- 
California problem. 37 

Countless examples might be given of expressions 
of fear and hysteria on the part of otherwise normal 

34 J. S. Tow, The Real Chinese in America (New York, 1923), 
p. 132. 

35 From The Japan Times and Mail (October 1, 1924), p. 16. 

36 The Annals of the American Academy of Political and Social 
Science (January, 1921), p. 37. 

37 T. Iyenaga and K. Sato, Japan and the California Problem 
(New York, 1921), p. 49. 



PERSONAL RELATIONS 153 

persons. A striking example is this account by Mr. 
K. K. Kawakami : 

One afternoon last fall the Board of Supervisors of Los 
Angeles County was discussing various measures in the usual 
fashion. Abruptly a member stood up and frothing at the 
mouth shouted, "They are coming — they are coming! — 
armed! — they are coining to drive us out!" 

He saw the Japanese bogey the night before. He was 
haunted by the shadows of myriad Japanese armed to the 
teeth, crossing the Mexican border, landing on the Pacific 
shores, descending from the air, and arising from under the 
ground. So he came to the board meeting and got the fear 
and anguish out of his system. 

But this is no joke. I do not blame the gentleman for 
getting excited. I would be just as badly scared if I were to 
believe such wild stories and vicious cartoons as are pub- 
lished in the California newspapers. 38 

The actual treatment received by local Japanese 
and Chinese is much misunderstood since the unfor- 
tunate incidents, of which there are many, receive 
major attention in the press. The following record 
by an American-born Japanese, whose father had 
been mayor in a small prefecture in Japan, and whose 
mother was a graduate of a higher normal school, 
could be repeated hundreds of times : 

When I was attending grammar school and high school, 
we were residing in the business section of Los Angeles; 
more specifically speaking, in and around the so-called "little 
Tokyo." It was during the last year of high school that our 
family moved to the southwestern part of the city. The chief 
reason why we moved was that my smaller brother had an 
accident in falling down from a slide. As a result a severe 
case developed and he had to be operated upon. All went 
well, but he did not seem to develop very normally. We 
asked our family physician and he said it was due to the 
poor air condition of the district in which we lived. So my 
father and his friends ventured out to find a place where the 
air was purer than in the downtown area. That is the reason 

38 K. K. Kawakami, The Real Japanese Question (New York, 
1921), pp. 18-19. 



154 RESIDENT ORIENTALS 

why we moved to the southwestern part of the city; and in 
fact we own our home there at the present time. This district 
is filled with the colored people and also many Japanese. 
This new environment makes me feel quite sympathetic with 
the colored man for we both feel that we are disliked and 
not wanted on the American soil. 

In going through high school and college, I can't recall 
how many times I was cast aside just because I am a Japa- 
nese. I was barred from parties, dances, swimming pools, 
etc. Truly, America is for Americans and all other races are 
not given a chance. Pretty soon, these other races might be 
rejected from the supposed-to-be land of the free and the 
home of the brave, and what would then happen? Nothing 
but war! 

The experiences I've had with the Americans make me 
feel like avoiding them as much as possible. The very worst 
that I can recall is to be called a Jap. When I was about 
twelve years old, I thought the word Jap was used for an 
abbreviation of Japanese, especially in newspaper work. But 
now I know Jap is not only used as an abbreviation, but also 
for ridicule and insult. In fact, just the same reason is re- 
sponsible for this name as for the name "dagos" for* the 
Italians, and "niggers" for the Negroes. Such terms as these 
are really insulting. I've been called a Jap so many times 
that it has become almost habitual to me and it doesn't affect 
me as much as it used to. Whenever I meet an American he 
never calls me a Jap, but a crowd of Americans never fail 
to. What I am trying to show is that Americans are influ- 
enced by mob spirit, but that when an American is alone, he 
is a coward in the face of other races. An American when 
alone hasn't the audacity to call a Japanese a Jap. 

I always pity a newly-arrived immigrant for I know that 
he will have to undergo harsher and harder situations than 
I. I can picture him being ridiculed, insulted, and physically 
harmed at the hands of Americans. Since they are here, I 
always try to sympathize with them, make them feel at ease, 
and try to make them understand the situation; as long as 
they belong to the same race as I, we have a friendly feeling 
toward each other, but not so with the Americans. The race 
pride of the Japanese has a very firm foundation. It can be 
said that "once a Japanese, always a Japanese." Everyone 
who has Japanese blood in him is deeply interested in the 
doings of Japan. This, I think, can be attributed to race 
pride. Books and magazines on Japan deeply hold my inter- 



PERSONAL RELATIONS 155 

est. Since I am Japanese in blood, I always want to s.tay so 
and remain and go with my own group. (B 918 S.R.R.) 

A statement of an entirely different complexion 
which could be duplicated thousands of times is 
that of Mrs. Ito-ko Niizuma, who holds the position 
of head of the political bureau of the Associated 
Women's Clubs of Tokyo: 

The anti-Japanese legislation has at last come in force. 
This reminds me of my personal experiences for four years' 
stay in the United States, particularly of my two children 
who are American citizens. My mind's eye now follows 
them and their American friends and their future. 

Where I stayed longest, anti-Japanese sentiment ran 
pretty high, but as individuals Americans were very kind 
and intimate with us Japanese. This was the case not only 
with the neighbors, but with strangers who met us at parks 
and in other public places. Stout-looking policemen gave us 
kindly protection. The mailman who would come every day 
often talked with us, leaving his bag on the porch. The tram 
conductor helped my little ones up and down whenever we 
rode in the street-car. I sent them to the neighboring bakery 
every day, and they were always given some cake. They 
made good friends with these traders, and were loved by 
them more than the white children, because they would not 
be so importunate as the other children. 

How numerous these good reminiscences are compared 
with bad ones! Perhaps these are individual goodnesses of 
Americans. At any rate, individual relations between the 
two nations were by no means bad. 39 

Strangely enough, since this contribution appeared 
in the "Message from Japan to America" edition of 
The Japan Times and Mail, the headline to this article 
reads "Most Miserable Lot of Japanese in California." 

In another friendly publication, Japan to America, 
issued under the auspices of The Japan Society of 
America, Mr. Kahei Otani, President of the Yoko- 
hama Chamber of Commerce, wrote in 1914: 

39 From The Japan Times and Mail, October 1, 1924, p. 5. 






156 RESIDENT ORIENTALS 

• 

As for the unpleasant movements in California, I believe 
that both parties are to blame. The majority of Japanese 
working in America are without education and cannot adapt 
themselves to the customs of their new country. They can- 
not associate on equal terms with their new friends. Such 
being the case, only the lowest section of the Japanese are 
being discriminated against or excluded in America. The 
more respectable classes of Japanese are well treated and 
respected by the Americans. It is a striking illustration of 
this fact that there has been no anti-Japanese movement in 
Chicago or New York. In California and other Pacific Coast 
states only has unfriendliness been shown toward our peo- 
ple. 40 

Outside interference is generally resented by Orien- 
tals in America for the reason that every agitation 
tends to interfere with their individual relations with 
their neighbors, and thus makes their lot just that 
much the harder. On this point, the statement of 
Mr. George Shima, ex-President of the Japanese Asso- 
ciation of America, is pertinent. (See Select Docu- 
ment H. 

Orientals in America are living in an environment 
where the persons discriminated against have be- 
longed principally to one of the colored races. Their 
experiences are bitter at times because they are re- 
garded as individuals associated with a concentrated 
mass movement to America. In the case of the Chi- 
nese, indignities have given way to a kindlier feeling, 
which has done away with physical violence. In the 
case of the Japanese, the local prejudice is more 
pronounced, which can be explained partly because 
their immigration is of such recent date. 

40 Japan to America, a symposium of papers by political lead- 
ers and representative citizens of Japan on conditions in Japan 
and on the relations between Japan and the United States, edited 
by Naoichi Masaoka (New York, 1915), p. 55. 



CHAPTER VII 

PROPERTY RIGHTS 

The alien experiences his chief disabilities in the 
field of property rights, yet his position in this respect 
today is much superior to what it was either at com- 
mon law or under earlier American statutes. His 
greatest limitations, as always, are in respect to real 
property. 

PERSONAL PROPERTY 

Under the common law an alien can acquire a 
property right in goods, money, and other personal 
estate or may hire a house for habitation : as Black- 
stone puts it, "A personal estate is of transitory and 
moral nature, and besides this, indulgence to strangers 
is necessary for the advancement of trade." So, as a 
matter of privilege, the alien was extended the right 
to own and possess personal property at common 
law — still generally true today. An alien resident in 
the United States can own and freely transfer per- 
sonal property. 1 

Domiciled aliens are given the same copyright 
privileges as citizens by the United States govern- 
ment. 2 As a general rule the courts of the United 
States and of the various states recognize the rights 
of owners of trademarks and protect the same against 
piracy, no matter where such owners reside. 3 Thus 
Article 14 of the treaty with Japan guarantees to 
Japanese the same protection as to native citizens or 

ilO Wendell (N.Y.) 9; 101 N.E. 485; 17 La. 312; 26 Cal. 455; 
32 Cal. 386. 

2 258 Fed. 72 (1919). 

s 138 Iowa 228; 15 L.R.A. (N.S.) 625; Ann. Cases 1914C, 932. 

157 



158 RESIDENT ORIENTALS 

subjects in regard to patents, trademarks, and de- 
signs, upon fulfilment of the formalities prescribed 
by law. The only exceptions to this general rule are 
born of special considerations: thus both England 
and the United States prohibit the ownership by 
aliens of vessels registered in either country. 4 But 
aside from such special cases, the alien is under no 
disabilities either in owning or transferring personal 
property. 

REAL PROPERTY 

But when we come to real property, we find a dif- 
ferent situation. Under the common law of England, 
at the time of the colonization of America, an alien 
could own land in his own right. Blackstone, who 
lived in that period, states : "An alien-born may pur- 
chase lands, but not for his own use, for the king 
thereupon is entitled to them." The land of the alien 
did not automatically escheat to the crown, but was 
subject thereto only at the suit of the king. All aliens 
were under this restriction at common law, and there 
was no attempt to classify them in respect thereto. 
It will be interesting to compare these limitations at 
common law with the present disabilities, as to 
ownership of land, experienced by aliens on the Pa- 
cific Coast under modern statutes. 

INHERITANCE OF REAL PROPERTY 

At common law an alien could not inherit prop- 
erty at all, and in case a person died intestate without 
heirs other than aliens his property escheated to the 
state. 5 A state can regulate the alien's right to in- 

4 3 111. Law Rev. 496; Comp. Stats. U.S. (1918), p. 1217, par. 
7707. 

5 8 U.S. (L.Ed.) 334; 45 Wash. 377; 12 Cal. 456; 18 Cal. 218; 
67 Cal. 386. 



PROPERTY RIGHTS 159 

herit property by statute, 6 and the general tendency 
of state statutes has been to extend to aliens the right 
to inherit property within the state and thus to ter- 
minate the disabilities an alien was under at common 
law in this respect. Furthermore, inheritance of 
property by or from aliens is a proper subject for 
treaty regulation. 7 In this way also the rights of 
aliens to inherit property have been extended and 
their privileges in this respect in any given state are 
at present determined by a combination of existing 
treaty provisions and the statutes of the particular 
state. 

Article IX, Section 4, of the California constitution 
vests title in alien heirs on the death of their an- 
cestor, subject to being divested if they do not appear 
and claim the property. 8 The privilege of taking 
property by descent or devise has been extended by 
California even to non-resident aliens bv amendment 
to the Code in 1856. 9 But the non-resident alien must 
appear and claim the property within five years or 
the same will escheat to the state, 10 although such an 
alien may assign his interest in the inherited prop- 
erty, and his assignee may appear and claim it for 
him. 11 

The foregoing are general provisions in California 
in respect to aliens in general. They are limited in 
their application, however, by the present alien land 
law 12 of California in so far as aliens ineligible to 

M89 N.W. 717. 

7 Ann. Cases 1912A, 1100; 4 A.L.R. 1391; 32 L.R.A. 177; L.R.A. 
1915E, 327. 

s 67 Cal. 384. 

9 Cal. Civil Code 671 ; 67 Cal. 380 and 382. 

io Cal. Civil Code 1404; 67 Cal. 386; 76 Cal. 296; 51 Cal. Ap- 
pellate 317; 196 Pac. 807; 191 Cal. 740; 218 Pac. 421. 

ii 67 Cal. 386. 

i 2 The West Coast land laws are described later in this chapter. 



160 RESIDENT ORIENTALS 

citizenship are concerned, since, by express pro- 
vision, this statute repeals all inconsistent prior 
statutory provisions. Consequently, while the resi- 
dent or non-resident alien ineligible to citizenship can 
still inherit personal property as provided above, he 
cannot acquire real property by inheritance except as 
provided by treaty. But he can, of course, inherit the 
proceeds from the sale of such real property. 

Since Oregon has practically the same alien land 
law as California, the check there on aliens ineligible 
to citizenship acquiring property by inheritance is 
similar to the one just outlined as existing in Cali- 
fornia. But as to taking property other than land by 
inheritance, all aliens are extended rights similar to 
those in California: for example, the Oregon Laws of 
1923, ch. 140, provide that even a non-resident alien, 
as heir-at-law, can take his portion of the personal 
estate of a decedent in Oregon. 

In the state of Washington the alien land law ex- 
pressly excludes from its provisions land acquired by 
inheritance, and further provides that such land so 
acquired may be held for not longer than twelve 
years by the alien. There is no restriction, appar- 
ently, on the right of any alien to take other forms of 
property by descent. 

In all three of the Pacific Coast states, then, an 
alien can freely inherit personal property. In Wash- 
ington this privilege extends even to real property 
under the restriction above as to length of ownership. 
In California and Oregon the alien ineligible to citi- 
zenship can take real property by inheritance only as 
guaranteed to him by existing treaty provisions. 

That the foregoing provisions are very liberal com- 
pared to the situation as it existed at common law is 
readily apparent, and the same situation is true to 
some extent when a comparison is made with some 



PROPERTY RIGHTS 161 

of the statutory provisions of other states. Thus Iowa 
has a law putting a higher inheritance tax on prop- 
erty going to non-resident aliens — a law held to vio- 
late the provisions of the existing treaty with Great 
Britain but not that with Denmark. 1 Furthermore, 
non-resident aliens are declared not to be heirs-at- 
law in respect to property in Iowa. 14 

Turning to other states, we learn that Nebraska 
disqualifies non-resident alien heirs from inheriting 
real property in Nebraska (Laws of 1919-21, ch. 142) ; 
and title to such property passes in its entirety to 
resident aliens. 15 Kentucky allows non-resident alien 
devisees to take property situated in Kentucky, but 
provides that they must dispose of the same within 
eight years. 16 

ACQUISITION OF PUBLIC PROPERTY 

In addition to the limitations on aliens acquiring 
land in the United States, to be discussed in detail, 
there are several special situations which deserve 
notice. For instance, an alien non-declarant cannot 
initiate title to the public lands of the United States 
under our federal homestead laws. 17 Again, only a 
citizen can purchase school lands in the state of Cali- 
fornia or in Oregon. 18 

But in California an alien can appropriate water 
by meeting the requirements laid down by statute. 19 

13L.R.A. 1916A, 474; 149 N.W. 593; 151 N.W. 504; 147 N.W. 
1098. 

1^166 Iowa 617. 

15 299 Fed. 723 (1924). 

is Ky. Stats. 338. 

it U.S. Comp. Stats. (1918), p. 680, par. 4530; 1 Cal. Jurispru- 
dence 1919, p. 18. 

isPolit. Code, 3495, Bode vs. Trimmer, 82 Cal. 513; 113 Cal. 
38; Ore. Laws 1891, p. 189; 40 Ore. 565; 67 Pac. 516. 

i9 Santa Paula Water Works vs. Peralta, 113 Cal. 38. 



K)2 RESIDENT ORIENTALS 






FEDERAL LAND LAWS 



What are some of the more modern precedents for 
the alien land laws of the Pacific Coast? Few persons 
seem to be aware that there is a notable precedent in 
the laws of the United States which provide: 

It shall be unlawful for any person or persons not citi- 
zens of the United States or who have not lawfully declared 
their intention to become such citizens, or for any corpora- 
tion not created by or under the laws of the United States or 
of some state or territory of the United States, to hereafter 
acquire, hold, or own real estate so hereafter acquired, or 
any interest therein (in any of the territories of the United 
States or in the District of Columbia), except such as may be 
acquired by inheritance or in good faith in the ordinary 
course of justice in the collection of debts heretofore created; 
Provided, that the prohibitions of this Section shall not 
apply to classes in which the right to hold or dispose of 
lands in the United States is secured by existing treaties to 
citizens or subjects of foreign countries, which rights, so far 
as they may exist, by force of any such treaty, shall continue 
to exist so long as such treaties are in force and no longer. 20 

Paragraph 3500 of the same Act provides that all 
property acquired or held in violation of the fore- 
going shall be forfeited to the United States on suit 
brought by the Attorney-General for such purpose; 
but where no escheat proceedings have been insti- 
tuted the alien can devise such land. 21 It is further 
provided by statute that the provisions above do not 
apply to legations or residences of representatives of 
other nations, 22 or to the acquisition of land by inheri- 
tance. 23 The alien can convey his title to land at any 

20 Act of Congress, March 3, 1887, ch. 340, par. 2; 24 Stats. 477; 
as brought to date in U.S. Comp. Stats. (1918), p. 517, par. 3498. 

2147 Appeal Cases (D.C.) 1 (1917). 

22 1 Supp. Rev. Stats. 582 (1888). 

23 By Act of Congress, March 2, 1897, U.S. Stats, at L. 618, 
ch. 363; Comp. Stats. (1916), Sec. 3490; Act of Congress, Febru- 
ary 23, 1905, Comp. Stats. (1916), Sec. 3497; and 47 Appeal Cases 
D.C. 1 (1917). 



PROPERTY RIGHTS . 163 

time before escheat proceedings are instituted, and 
the same privilege is given to devise land before 
escheat proceedings. But, with these exceptions, the 
foregoing provisions place the alien in the United 
States under disability so far as holding land in fed- 
eral territory is concerned. 24 So much for the federal 
land laws. 

VARIOUS STATE LAWS 

So widespread is the curtailment of ownership of 
real property by aliens throughout the United States 
that it has been said that the general result is that an 
alien cannot take and hold realty, except as guaran- 
teed by treaty, in the United States. 25 No doubt this 
statement is too broad but it does indicate the general 
situation. To illustrate, it was laid down as a flat rule 
that an alien could not take any interest in realty 
situated in Connecticut: in this case it was held that 
an Englishman could not take such realty by will. 26 

In Pennsylvania, the alien's title to real estate is 
defeasible at suit of the state. 27 Aliens residing in the 
state who have declared their intention to become 

2 * The present land tenure situation in Japan is described by 
Consul-General Taketomi at San Francisco, in a letter to the 
writer in April, 1927: 

Formerly, foreigners of all countries were not allowed to own land 
in Japan, but they were given leases in perpetuity which amounted to 
practically owning the land in fee and they suffered no inconvenience on 
this account. There was no discrimination against certain foreigners, as 
there is in this country against Asiatics. 

But since November 10, 1926, a new law has been in effect in Japan, 
giving to foreigners the right to own land in Japan on the same basis as 
Japanese. 

This law contains a reservation that in the case of aliens whose home 
country prohibits or restricts Japanese in the ownership of land, these 
same restrictions may be applied reciprocally. This clause of the new 
law, however, has not been put into force. 

^Douglas vs. Douglas, 128 N.Y. Supp. 912 (1911). 

26 83 Conn. 235; 76 Atl. 529; 73 Conn. 58; 77 Conn. 70. 

27 Pa. Public Laws 329; 183 Fed. 902. 



164 RESIDENT ORIENTALS J 

citizens of the United States may acquire and hold 
real estate in like manner as citizens, while "all other 
aliens may take and hold lands by devise and descent 
only and may convey the same at any time within 
five years, and all lands so left and remaining uncon- 
veyed at the end of five years shall escheat to the 
state." 

Missouri has an alien land law which applies even 
to aliens who can be naturalized. 28 The Constitution 
of Oklahoma, 29 Sec. 6646, prohibits aliens from ac- 
quiring or owning lands in the state. 30 

Comp. Stats. U.S. (1918) p. 552, par. 3714, provides 
in relation to Hawaii that "no person shall hereafter 
be entitled to receive any certificate of ownership, 
right of purchase, lease, cash freehold agreement, or 
special homestead agreement .... who is an alien 
unless he has declared his intention to become a citi- 
zen of the United States " 

These examples chosen at random illustrate the 
degree to which resident aliens are curtailed in re- 
spect to ownership of land. The widespread ten- 
dency in this respect is indicated by the fact that in 
addition to the foregoing states, the following have 
alien land laws, varying in scope of prohibitions: 
Arizona (practically a copy of the California Alien 
Land Law of 1920), Delaware, Illinois, Kansas, Ken- 
tucky, Minnesota, Nebraska, Idaho (a copy of the 
California Act of 1920), Texas, Montana (practically 
the same as the Washington law). In addition, of 
course, the three Pacific Coast states have alien land 
laws, and certain other states are making proposals 
along this same line. 

This list of jurisdictions having alien land laws 

28 Rev. Stats. 1919, p. 592; 259 S.W. 782. 

29 Article 22^ par. 1 and 2; and Rev. Laws (1910). 

30 240 Pac. 739; 112 Okla. 240. 



PROPERTY RIGHTS 165 

I 

(indicates clearly that this practice is not limited by 
-any means to one section of the country; that there 
were plenty of precedents for the alien land laws of 
the Pacific Coast; that such restrictions existed at 
common law r , and have been put into effect by th^ 
federal government and many states; and that there- 
fore the enactment of the alien land laws of the 
Pacific Coast w r as but a part of a fairly common 
practice and a general tendency. 

From the examples of various alien land laws 
given above it is clear that they vary considerably in 
scope of prohibition — some even by, applying to all 
aliens and to acquisition of land by inheritance or 
purchase are more sweeping than the alien land laws 
of the Pacific Coast states. Others do not go so far. In 
other words, it is just an illustration of adapting the 
given statute to the local needs or desires. For the 
constitutionality of these various laws consult chap- 
ters ii and iii. 

Thus there were plenty of precedents for the Cali- 
fornia Law of 1913, which were relied upon as the 
basis for this legislation. But California was the first 
state to use, in its alien land law, the distinction 
between aliens eligible and those not eligible to citi- 
zenship, which had already been established by 
federal laws and court decisions. This distinction 
has in turn been used now bv other states in their 
recent land laws. 

CALIFORNIA ALIEN LAND LAWS 31 

The California Constitution in force in 1870 in- 
vested foreigners, bona fide residents of the state, 
with the same rights in respect to possession and 
enjoyment of property as citizens enjoyed. 32 But, in 

si Consult Select Documents I and J for the text and reasons 
for passage of the California and Washington land legislation. 

32 113 U.S. 89. 



K)() RESIDENT ORIENTALS 

1894, Article I, Section 17, of the California Constitu- 
tion was amended limiting this right, and provided 
that foreigners eligible to citizenship shall have the 
same rights in respect to all property other than real 
estate as native-born citizens. By this amendment 
was restricted the class of aliens as well as the class 
of property. This same amendment also left the leg- 
islature free to say what aliens can acquire, possess, 
enjoy, transmit, or inherit land in California. This 
provision, with the restrictions on the scope of rights 
guaranteed noted above, left it open for the legis- 
lature to enact ^n alien land law, a power first exer- 
cised in 1913. 33 

Then again, in 1920, an initiative measure was sub- 
mitted to the voters of the state embodying in the 
main the provisions of the 1913 Act together with 
some further provisions. This measure was voted on 
favorably and became effective in 1921. As amended 
in 1923, this law constitutes the present Alien Land 
Law of California. 

Section I provides that "all aliens eligible to citi- 
zenship under the laws of the United States may 
acquire, possess, enjoy, use, cultivate, occupy, trans- 
fer, transmit, and inherit real property, or any inter- 
est therein in this state." Section II provides that "all 
aliens other than those mentioned in Section I may 
acquire, possess, enjoy, use, cultivate, occupy, and 
transfer real property or any interest therein, in this 
state, and have the beneficial use thereof as prescribed 
by treaty now existing and not otherwise. 9 ' Sec- 
tion III provides that "any company, association, or 
corporation, of which a majority of members are 
aliens other than those specified in Section I or in 
which a majority of capital stock is owned by such 
aliens" is treated as individuals in Section II. 

33 In re Turner's Estate, 196 Pac. 807. 



PROPERTY RIGHTS 167 

Section VII provides that any real property ac- 
quired in fee in violation of the above-mentioned 
"shall escheat as of the date of such acquiring" to the 
state, and the Attorney-General or District Attorney 
is empowered to institute proceedings for this pur- 
pose. It is further provided that an alien can enforce 
a lien on real property now existing, but that he 
cannot hold said property longer than two years after 
foreclosure. Section VIII provides that "any lease- 
hold or other interest in real property less than a fee, 
including cropping contracts which are hereby de- 
clared to constitute an interest in real property less 
than the fee" acquired in violation of the foregoing 
provision escheat as above and that a judgment ob- 
tained in the escheat proceedings is a lien against the 
property and that the state can sell the property if 
necessary and collect the judgment. Section X pro- 
vides that if two or more persons conspire to violate 
any of the provisions of the Act they are punishable 
by imprisonment for not over two years or a fine of 
not over $5,000, or both. Section XII provides that all 
previous inconsistent acts or parts of acts are hereby 
repealed. 

Now the general effect of this law is to deny to 
aliens ineligible to citizenship, either individually or 
through any form of association, the right to own any 
interest in land in California other than provided for 
by treaty. Drawn up in this way, the law clearly does 
not violate any treaty provisions. Since the classi- 
fication of aliens has been held by the United States 
courts to be reasonable, the law is constitutional. 34 

THE EFFECT OF THE TREATY 

The extent, then, to which aliens ineligible to 
citizenship can own any interest in real property in 

^188 Cal. 739; 191 Cal. 353; 195 Cal. 71; 263 U.S. 225; 263 
U.S. 313; and 263 U.S. 326. 



168 RESIDENT ORIENTALS 

California is governed both by the provisions of the 
existing treaty with the particular alien's government 
and by the terms of the foregoing law. The law pro- 
hibits only where the treaty does not guarantee; con- 
sequently different aliens, though all ineligible to 
citizenship, may have different rights as to land own- 
ership in California. To the degree that the treaty 
provisions with different Asiatic countries vary, this 
will be true. Thus, as pointed out in the chapter on 
Treaty Rights," the guaranties as to real property 
rights in both the Chinese and Japanese treaties refer 
principally to ownership of land for commercial pur- 
poses; hence, the California Alien Land Law in no 
wise invades this field. But as pointed out. in the 
leading case of Webb. vs. O'Brien, 35 the treaty with 
Japan does not confer on Japanese here the right to 
acquire, possess, or enjoy lands for agricultural pur- 
poses, and the same is true of Americans in Japan. 
Consequently the state is free to legislate in restrict- 
ing the Japanese in the ownership of any interest in 
agricultural lands in California. This right was ex- 
pressly upheld, and a citizen's rights, on the other 
hand, do not include the right to sell his land to one 
lawfully prohibited from buying the same. 

Consequently, under the treaty with Japan and the 
California Alien Land Law, Japanese in California 
are denied the right to acquire or possess directly 
or indirectly any interest in agricultural lands. The 
same is undoubtedly true in respect to other Asiatics 
under existing treaties, although the question has 
come up for judicial decision principally respecting 
the Japanese. This result is thus justified by the court, 
"It is obvious that one who is not a citizen and cannot 
become one lacks an interest in, and the power to 
effectually work for the welfare of the state, and so 



35 263 U.S. 313. 






PROPERTY RIGHTS 169 

lacking, the state may rightfully deny him the. right 
to own and lease real estate within its boundaries." 36 

It was not until the case of Mott vs. Cline, decided 
by the State Supreme Court in February, 1927, that 
the application of the alien land acts to Chinese was 
considered by any American court. In rendering the 
decision, Mr. Justice Seawell stated that the opinion 
of the Superior Court was unanimously reversed on 
the grounds that "the alien land acts are not repug- 
nant to any article of the federal or state constitutions 
and do not impinge upon the treaty agreements be- 
tween this nation and China," and that it was not 
"the intention of either the state or federal govern- 
ments to grant to native-born subjects of China the 
right of acquiring title to agricultural lands." Thus, 
both Chinese and Japanese have similar disabilities 
under the California legislation. 

The exact situation in California is thus summed 
up by Mr. Justice Butler in the case of Webb vs. 
O'Brien* 1 as follows : "Aliens ineligible to citizenship 
may own or lease houses, manufactories, warehouses, 
and shops for residential and commercial purposes. 
These things, but no possession or enjoyment of land 
otherwise are permitted." 

Thus stands the California law, justified, constitu- 
tionally. What interpretation and application of its 
various provisions have the courts made thus far? In 
the first place, the alien's title to land held contrary 
to the provisions of this law is defeasible only at suit 
of the state. This was true of an alien's title to land 
acquired by purchase at common law. 38 Likewise 
under the California statute the title of an alien can- 

36 274 Fed. 841. 

37 263 U.S. 313. 

38 11 U.S. (Cranch) 602; 2 Cal. 558; 18 Cal. 217; 61 Cal. 356; 
113 Cal. 38; 183 U.S. 563; 57 S.E. 518; 60 S.E. 1129. 



170 RESIDENT ORIENTALS 

not be contested by an individual on the ground of 
alienage. 89 Such an alien can defend his title in court 
against any adverse claimants. Furthermore, he can 
lease the land and collect the rent, and his alienage 
is no defense in such a suit. 40 The lessee alien can 
recover possession against his lessor. 41 The Alien 
Land Law of California provides one way only in 
which the alien's title is defeated, and that is by 
escheat proceedings brought by the Attorney-General 
of the state or the District Attorney of the particular 
county. 

CROPPING AGREEMENTS IN CALIFORNIA 

Since the California Alien Land Law denies to the 
alien ineligible to citizenship the right "to acquire, 
possess, enjoy, and transfer any interest in agricul- 
tural lands," one of the problems that has arisen 
under the Act and been repeatedly passed on by the 
courts is just what agreements in respect to working 
the land are brought under this provision. Clearly 
the alien cannot own the land. Nor can he be a 
tenant of the land, for tenancy is a recognized legal 
interest in the land; but the real question arose in 
respect to agreements that did not amount to leases 
but were nothing more than cropping agreements. 
Ordinarily a cropping agreement is distinguished 
from a lease for the reason that, unlike a lease, it does 
not create an interest in the land. 

In the case of O'Brien vs. Webb, 42 (in lower court) 
the court had under consideration a four-year crop- 
ping agreement, under which a Japanese was to work 
the land and receive for his labor one-half of the 

39 Suwa vs. Johnson, 54 Cal. Appellate, 119. 

40 Ibid. 

4i 10 Cal. Law Rev. 94. 
42 270 Fed. 117. 



PROPERTY RIGHTS . 171 

crops and was given the privilege of living on the 
land, etc. The court held this a mere cropping agree- 
ment, therefore it gave no interest in the land to the 
alien and consequently was not forbidden by the 
Alien Land Law. But on appeal to the United States 
Supreme Court it was held that the practical result 
of such an agreement was to give the cropper the use, 
control, and benefit of the land for agricultural pur- 
poses; therefore his possession was substantially 
similar to that of a lessee, and the agreement was 
forbidden by the California Act of 1920. 43 But in 
making this decision, the court considered the agree- 
ment under investigation as more than a mere crop- 
ping agreement and as really giving an interest in the 
land, for the court went on to say : "There is nothing 
from which it can be legitimately inferred that the 
design of the Law is to prevent an alien from enter- 
ing into a cropping agreement whereby he gives his 
labor for a share in the crops thereby received." 

Likewise in 1923, the California Supreme Court 44 
held that a contract designated one of employment, 
by which the employer was to furnish the land and 
the Japanese, called the "contractor," was to work the 
land, plant the crops designated by the employer, 
and cultivate the same as so designated, the con- 
tractor to have access to the land and the employer 
control of the contractor and employees with power 
to terminate the contract at any time, gave to the 
alien no interest in the land within the meaning of 
the Alien Land Law; and that the contract was there- 
fore not forbidden by the same, the court saying, 
The argument that the law forbids the making of a 
contract of employment or agreement to till the soil 
on shares can only be sustained by adopting the 

43 Webb vs. O'Brien, 263 U.S. 313 (1923). 

44 Ex parte Okahara, 216 Pac. 614. 



172 RESIDENT ORIENTALS I 

theory that the particular agreement under consider- 
ation transfers an interest in land. To accept this 
theory it would become necessary to give a new and 
unwarranted interpretation to words and terms of 
ancient and established usage, the meaning of which 
has long been settled by judicial pronouncements and 
legislative sanction." 

But in the amendments to the Alien Land Law 
made in 1923, the following italicized words were 
added to Section VIII, so that it now reads in part 
as follows: "Any leasehold or other interest in real 
property less than the fee including cropping con- 
tracts which are hereby declared to constitute an 
interest in real property less than the fee, he.reafter 
acquired in violation of the provisions of this act 
. . . . shall escheat to the state of California . . . ." 

Consequently in the case of In re Nose, 45 decided 
after the 1923 amendments, it was held that a con- 
tract to work the land, even though it purported to 
be an arrangement for employment only, but which 
contained provisions for a bonus, did give the right 
to use and occupy agricultural land and therefore 
was void under the Alien Land Law. 

Likewise in the case of Jones vs. Webb, 46 the Cali- 
fornia Supreme Court held that a contract under 
consideration by which a Japanese was to cultivate 
agricultural land was within the California Alien 
Land Law even though it was denominated one of 
employment and provided for a monthly salary and 
a bonus. So by express statutory provision now, in 
California cropping agreements are forbidden, and 
the leading cases on the point decided since the 1923 
amendments are to that effect. Nor can a cropping 
agreement be camouflaged by calling it a contract of 

45 195 Cal. 91. 

46 231 Pac. 560. 



PROPERTY RIGHTS 173 

employment or "bonus" contract and thus get by the 
prohibitions in the 1923 amendment to the Act. 

PURCHASE BY OTHERS 

Regarding purchase by others, it is well established 
that the children of aliens-ineligible-to-citizenship 
born here can take and hold land. 47 Under the 1913 
Act a disqualified alien could have land conveyed to 
his American-born child even though this were done 
because he could not himself hold the same. 48 But 
under the 1921 Act such a purchase by the alien par- 
ent raises a prima facie case of attempt to evade the 
law, and the burden is upon the alien to prove the 
transfer was in absolute good faith. 

Section X of the California Alien Land Law pro- 
vides that "if two or more persons conspire to violate 
any of the provisions of the Act, they are punishable 
by imprisonment in the county jail or state peniten- 
tiary not exceeding two years, or by fine not exceed- 
ing $5,000, or both. Thus, in the case of State vs. 
Cockrill and Ikada,* 9 when the alien and American 
participants in such a conspiracy were convicted and 
punished, on appeal to the Supreme Court of the 
United States the judgment was affirmed. 50 In this 
case, the ineligible alien had furnished the money 
and the American had purchased the land in his own 
name. The Alien Land Law, Section IX, provides that 
in such a case there is a presumption of conspiracy 
and this presumption was not rebutted in the case 
above, and consequently resulted in the foregoing 
conviction. 

47 188 Cal. 645. 

48 Estate of Yano, 206 Pac. 995. 

49 62 Cal. App. 22; 207 Pac. 245. 
30 268 U.S. 258. 



174 RESIDENT ORIENTALS 

APPLICATION TO CALIFORNIA CORPORATIONS 

By Section III of the California law it is clear that 
no corporation, the majority of whose members are 
ineligible aliens or the majority of whose stock is 
held by ineligible aliens, can own agricultural land 
in California; and further that an ineligible alien 
cannot purchase stock in a corporation owning any 
interest in agricultural land in California. The act 
further provides that such stock is subject to for- 
feiture to the state. These provisions were held con- 
stitutional in Frick vs. Webb 51 as consistent with 
treaty provisions and the Fourteenth Amendment; 
on appeal to the Supreme Court of the United States, 
the decision was affirmed by Mr. Justice Butler, who 
said : "The right 'to carry on trade' given by the treaty 
does not give the privilege to acquire the stock above 
described. To read the treaty to permit ineligible 
aliens to acquire such stock would be inconsistent 
with the intention and purposes of the parties." 52 

These provisions in the California law are not only 
common to the alien land laws of the United States 
but appear to be necessary, since it would be a rather 
useless proceeding to forbid ownership of land di- 
rectly by the alien and yet allow the alien the same 
indirectly through the corporate form of organiza- 
tion. 53 There are plenty of like precedents for these 
provisions of the California Alien Land Law includ- 
ing the federal law that no corporation or association 
with more than 20 per cent of its stock owned by 
persons not citizens of the United States "shall here- 
after acquire or hold or own any real estate hereafter 
acquired in the District of Columbia." 

si 281 Fed. 407. 

52 263 U.S. 326 (1923). 

53 Comp. Stats. U.S. 1918, p. 517, par. 3499. 



PROPERTY RIGHTS 175 

Yet it should be said that the Attorney-General of 
California has been strict in his interpretation of 
treaty rights. His opinion to the Commissioner of 
Corporations, rendered November 3, 1925, and con- 
curred in, is thus stated: 

The Fuji-Kawn Company, a California corporation, has 
filed with you an application for a permit to sell and issue 
certain of its capital stock. The purpose of the issue is to 
raise funds with which to lease and renovate a building 
to be operated as a theater. The incorporators of this com- 
pany are Japanese, ineligible to citizenship in the United 
States 

To answer your inquiry, therefore, it is necessary to 
determine whether the Treaty of 1911 between the United 
States and Japan contains any provision authorizing such 
a corporation to acquire land in this state, or if there is no 
such provision, whether the treaty should be so construed 
as to authorize the same. 

I do not find in the treaty any provision which specifi- 
cally gives to a domestic corporation whose members or 
stockholders are Japanese the right to lease or otherwise 
acquire land for commercial purposes. For that reason it 
may logically be urged that, since the treaty measures the 
right of any of the subjects of the two nations, and since we 
do not find this right or privilege mentioned therein, it should 
be deemed not to be included. 

Under the laws of this state (Section 286 of the Civil 
Code), private corporations may be formed for any purpose 
for which individuals may lawfully associate themselves. In- 
asmuch as by the terms of the treaty, individual Japanese 
may lease land for residential and commercial purposes, it 
might be argued that no reason exists why they may not, as 
permitted by Section 286, form a corporation to accomplish 
what they might accomplish individually. It might further 
be said that this view is supported by that portion of Ar- 
ticle I of the Treaty which reads as follows : 

The citizens or subjects of each of the High Contracting 
Parties shall receive, in the territories of the other, the most 
constant protection and security for their persons and property, 
and shall enjoy in this respect, the same rights and privileges as 
are or may be granted to native citizens or subjects, on their 
submitting themselves to the conditions imposed upon the native 
citizens or subjects. 



176 RESIDENT ORIENTALS* I 

In respect to the protection and security of their persons 
and property, Japanese are entitled to the same rights and 
privileges as citizens of the United States. But it. does not 
follow that the right to protection and security of person and 
property necessarily involves the right to form a corporation 
for the purpose of conducting a business which might law- 
fully be engaged in by the stockholders, as individuals. A 
corporation is an artificial person, a creature of the law. It 
has no inherent rights but those only which are conferred 
upon it by statute. It may well be questioned whether the 
terms of the Treaty of 1911 with Japan confer upon Japanese 
residing in the United States the right to form corporations 
which are privileged to acquire real estate upon the same 
terms as are permitted to individuals. On the other hand 
it might be held by the courts that a proper construction of 
the treaty warranted the view that such corporations could 
be formed with powers to accomplish whatever might law- 
fully be accomplished by individual Japanese. 

In view of the doubt which exists in regard to the con- 
struction which should be placed upon the treaty, I feel con- 
strained to advise you that the pending application of the 
Fuji-Kawn Company should be denied, in which event the 
applicant may, if it so desires, have the matter finally re- 
solved by the courts through appropriate legal action. 

Letters to the Attorney-General, the Secretary of 
State, the State Board of Control, and the California 
Joint Immigration Committee have failed to disclose 
data relative to the creation since 1920 of farming 
and commercial corporations in which Orientals have 
a substantial interest. Mr. Guy C. Calden, of Elliot & 
Calden, San Francisco attorneys, acting as trustees 
for over 150 farming companies in which Orientals 
have a minor interest, writes on May 9, 1927: 

As far as we know there has not been a single company 
incorporated under the laws of California subsequent to 
December 9, 1920, and controlled by Japanese, for the pur- 
pose of acquiring and farming land in California. Neither 
has there been a single share of stock issued to a Japanese 
(born in Japan) subsequent to December 9, 1920, in a cor- 
poration that has the right to own or acquire real property 
in this state. 



PROPERTY RIGHTS 177 

Coming now to your second question regarding the in- 
corporation of commercial corporations controlled by Japa- 
nese: To be exact, on April 2, 1925, we incorporated a 
company entitled the "Golden West Distributors, Inc." This 
company was incorporated for the distribution of farm prod- 
ucts only. After a great deal of delay, and filing with the 
Commissioner of Corporations a brief on the question, a 
permit was finally issued to the company authorizing it to 
sell a portion of its stock to Japanese. It is just possible that 
there have been a few other commercial companies incor- 
porated subsequent to December 9, 1920, which were con- 
trolled by Japanese, but we feel quite sure there are not 
many such companies because we try to follow up matters 
of this kind. 

To summarize: First — there have been no farming com- 
panies, so far as we know, incorporated under the laws of 
California, subsequent to December 9, 1920, and controlled 
by Orientals; and second — As far as we have been informed 
there has been only one company incorporated since the 
i above-mentioned date for commercial purposes, part of the 
stock only being issued to Orientals. 

On May 20, 1927, the State Supreme Court an- 
nounced the definite ruling, nevertheless, that the 
state land laws have no application to the phrase 
"carry on trade," enumerated in the treaty with 
Japan. The matter came up when the Secretary of 
State refused to file articles of incorporation on be- 
half of Dr. K. Tashiro and a group of other Japanese 
in Los Angeles to establish a hospital there. On their 
petition to the Supreme Court their petition was 
granted, thus establishing without question that Japa- 
nese have the right to form corporations for com- 
mercial purposes in California. 

The Fresno Republican/ 4 contains the only edi- 
torial comment which has come to the writer's at- 
tention : 

Japanese have a right to incorporate for commercial pur- 
poses in California, is a decision. Surely! It seems almost 

54 May 21, 1927. 



178 RESIDENT ORIENTALS 

superfluous to have the decision. But it is a good one, if 
necessary. There is no reason why the state of California 
should not give every margin of accommodation to the spirit 
of equal treatment for Japanese in civil rights in California. 
The Alien Land Law itself, valuable as it is, and enforced as 
it must be, was a measure of desperation, taken to accomplish 
an ulterior purpose. The Asiatic flood had to be stopped, at 
the spigot if not at the bunghole. 

Now that our Japanese immigration practice has been 
settled at Washington, there is no reason why the people of 
California should not be extra careful to display the amity 
of relations between all residents of the state, in every civil 
right. Incorporation is a civic convenience, to be used just 
as much by Japanese as by any other resident. 

Due to the recent date of this commercial corpora- 
tion case, sufficient time has not elapsed to consider 
its harmony with the action in the Fuji-Kawn appli- 
cation. 

The latest California law, designed to strengthen 
the Anti-Alien Land Act, has resulted from a measure 
introduced by Assemblyman Scudder of Sebastopol. 
The stated purpose of this legislation was to make it 
possible to investigate the validity of title to land 
which was being utilized for agricultural purposes 
by Hawaiian-born Japanese. On March 8, 1927, this 
bill was sent to the floor of the Assembly after it had 
received favorable action by the judiciary commit- 
tee, and in May, 1927, the Governor affixed his signa- 
ture, making it a law. This legislation is far-reaching 
since it places squarely upon the alleged alien- 
ineligible-to-citizenship the burden of proving his 
citizenship instead of forcing the state to establish 
such evidence. Since this law also creates decided 
disabilities for persons born on American soil who 
automatically become citizens by the Fourteenth 
Amendment, its constitutionality is open to serious 
question. 



PROPERTY RIGHTS 179 

OREGON ALIEN LAND LAWS 

In the Oregon Laws of 1854 and again in the 
Laws of 1872 it was provided that aliens and foreign 
corporations could hold lands and all rights in an 
interest thereto in the state of Oregon; these pro- 
visions were superseded in part by the Alien Land 
Law adopted in Oregon in 1923. 55 The Oregon Law of 
1923 is practically a duplicate of the California Alien 
Land Law of 1920. The decisions of the federal courts 
in interpreting the California Act and applying its 
provisions will likewise be authority for similar sit- 
uations when they arise in Oregon. Consequently it 
is a foregone conclusion that the Oregon law is con- 
stitutional, and that its provisions will apply in a 
similar manner. For these reasons there has not been 
a necessity for the litigation of the same questions 
arising under the act in Oregon and consequently 
few cases have arisen. 

The Oregon Act was amended in 1923, Laws of 
1923, ch. 54, Section 1, making it the duty of each 
County Assessor of the state to make a list annually 
of all Chinese and Japanese who "own, lease, or op- 
erate" real property within the county for which 
such assessor is elected. This measure is designed to 
further the enforcement of the law. 

We may conclude then that the situation in Cali- 
fornia, as presented above, applies in general to both 
states. 

WASHINGTON ALIEN LAND LAWS 

Washington, however, has a somewhat different 
land law. The constitution of Washington, Article II, 
Section 33, provides: 

The ownership of lands by aliens other than those who 
in good faith have declared their intention to become citizens 

55 Laws of 1854, p. 718, par. 35 ; p. 10, par. 1 ; Laws of 1923, ch. 98. 



1<S0 RESIDENT ORIENTALS 

of the United States, is prohibited in this state, except where 
acquired by inheritance, under mortgage or in good faith 
in the ordinary course of justice in the collection of debts: 
and all conveyances of lands hereafter made to any alien 
directly or in trust for such alien shall be void: 

Provided, that the provisions of this section shall not 
apply to lands containing valuable deposits of minerals, 
metals, iron, coal, or fire-clay, and the necessary land for 
mills and machinery to be used in the development thereof 
and the manufacture of the products therefrom. 

Every corporation, the majority of the stock of which 
is owned by aliens shall be considered an alien for the pur- 
poses of this prohibition. 

In 1914, it was proposed to change this law through 
a proposed amendment to the constitution. Its pur- 
pose was to bring new capital into the state; it was 
supported almost unanimously by^ bankers and real 
estate interests. The story is clearly told in the fol- 
lowing two documents; the first is a news article in 
the Seattle Star, October 16, 1924: 

The "joker," however, is in the words "municipal cor- 
porations." "A municipal corporation," said Dean Condon 
of the University of Washington Law School, "is a county 
as well as a city. Therefore, the proposed amendment would 
allow non-citizens to own any land in the state of Washing- 
ton that may be owned by citizens, whether in the county 
or the city, whether farm lands or town lots." 

Personally, Dean Condon favors alien land ownership, 
he declared. He objected to the bill proposed because it is 
misleading. 

The Alien Land Law was introduced in the legislature by 
Senator Josiah Collins and bore the approval of the Chamber 
of Commerce. As it was originally drafted, it allowed for- 
eigners to own land everywhere in the state. The farmers 
raised serious objection against it and pointed to California, 
where most of the farm lands have passed into the hands of 
Japanese and other aliens. For that reason, the proposed 
constitutional amendment was changed to limit the right of 
ownership in foreigners to realty in "municipal corpora- 
tions only." But now it appears that the change was only a 
"joker." 



PROPERTY RIGHTS 181 

Thorwald Siegfried, attorney, objected to the Alien Land 
Law because it would open up a chance for complications 
with foreign countries. He exhibited maps showing that the 
largest part of the state is owned by thirty-five individuals 
and corporations at present, and that two corporations, the 
Weyerhaeuser Timber Company and the Northern Pacific, 
owned the bulk of that. He declared that if their holding 
should pass to foreign capital, the state would not only have 
the usual difficulties with large land barons, but would be 
inviting the same conditions as the Mexicans suffer. "The 
trouble in Mexico has been the ownership of land by aliens 
who came there to speculate and not to use it for cultivation," 
said Siegfried. Practically the same objections were urged 
by Attorney Thomas Revelle. 

The second is an interview by a local resident with 
a leading member of the Seattle Japanese com- 
munity : 

The real estate men of this state were interested in chang- 
ing the state constitution so as to permit foreign capital to 
invest in land or city real estate. Most other, states in the 
Union allowed aliens to hold land, and the clause in our own 
constitution was proving a serious handicap. Therefore Mr. 
Hughes, a member of the House, introduced a bill in the 
interests of the State Realty Association which would permit 
aliens of the white race to own land within the state. 

Some of us Japanese thought it might be a good time to 
work in too. We had money to invest and there are many 
Japanese farmers w r ho would gladly purchase farms if the 
laws of the state would permit, so we got Mr. Ray, one of 
the senators, to introduce a bill allowing any alien to pur- 
chase land within the state. 

The House passed the Hughes Bill on February 2, 1913, 
by a vote of seventy to fifteen, but Secretary Knox wired 
Governor Lister to hold the bill until the State Department 
could examine it to see whether it would conflict with the 
international treaties, particularly the Japanese-American 
Treaty of 1911. That was in February, and in March Mr. 
Bryan succeeded Mr. Knox. 

The Ray Bill was defeated in the Senate because it was 
claimed the aliens w T ould get too great a hold on the farm 
land of the state, so we suggested that the bill be changed to 



182 RESIDENT ORIENTALS j 

* 

permit the holding of land within the limits of municipal 
corporations. February 19 there was a motion made in the 
Senate to bring back the Ray Bill and to amend it so as to 
permit aliens to own land within towns and cities. At the 
same time there was a motion in the House to change the 
Hughes Bill so as to leave out the phrase debarring certain 
aliens from the ownership of land. On February 26 the re- 
constructed Hughes Bill was defeated by a vote of twenty- 
three to sixteen. 

Then there followed a conference between the House 
and Senate over the advisability of changing the Hughes 
Bill so as to permit any alien to hold land in municipal 
corporations. The Senate finally passed the bill by a vote of 
twenty-eight to eleven (March 12, 1914) and the following 
day the House passed it by a vote of sixty-six to twenty-three, 
and on March 19 the Governor signed it. 

All constitutional amendments have to be submitted to 
the people for final ratification, so this amendment was to 
be submitted to the people at the general election the fol- 
lowing November. The California State Legislature was in 
recess when the Hughes Bill was passed by the Washington 
Legislature, but it reconvened the following month and 
passed its alien land law. This created quite a stir and 
propaganda was immediately sent into this state to defeat 
the constitutional amendment at the general election. 

The real estate men and the bankers and many other 
business men of the state endorsed the Hughes Bill. Organ- 
ized labor opposed it; particularly after Dean Condon of the 
University Law Department said that a municipal corpora- 
tion was a county, as well as a city, and that the bill was 
misleading, and would in reality permit aliens to purchase 
farm lands as well as city lots. It was Dean Condon who 
really defeated us, for his statement was used in opposition 
to us and published all over the state. 

"Did you know when the bill was introduced in the 
legislature that the words 'Municipal Corporations' would 
permit Japanese to buy farm lands," he was asked? The 
informant replied, "Oh yes, we knew it all the time. That is 
w T hy we wanted it." 

But in 1921, Washington enacted an entirely dif- 
ferent type of alien land law which served to make 
more stringent the existing provisions in the state 



PROPERTY RIGHTS 183 

constitution approved in 1889. This new law 56 car- 
ries out the same general plan of prohibition as indi- 
cated in the constitution cited supra. It provides that 
an alien who has not declared his intention to become 
a citizen of the United States and a corporation com- 
posed of a majority of aliens in either members or 
stock ownership "shall not own land or take or hold 
title thereto. No person shall take or hold land for \ 
an alien. Land now held by or for aliens in violation 
of the constitution of the state is forfeited to, and 
declared the property of the state." And it continues 
with the same provisions as to land thereafter con- 
veyed to aliens in violation of the constitution. Then 
there is the further provision subjecting to criminal 
punishment the grantors in such cases, likewise the 
alien if he fails to disclose the nature and extent of 
his interest. 

Thus by constitutional provision and statute there- 
under, all aliens are denied the right in general to 
acquire land except by inheritance when they have 
not declared their intention to become citizens of the 
United States. Of course such provisions are opera- 
tive only to the extent that they do not conflict with 
treaty provisions. Therefore so far as agricultural 
lands are concerned, the net result in Washington of 
treaty and law is about the same as in California, ex- 
cept that Washington's law applies to all aliens. 

Under the foregoing provisions, a lease of land for 
ninety-nine years to an alien was held invalid. 57 
Likewise, a lease to a corporation for forty-five years 
became subject to escheat to the state on a majority 
of the stock of said corporation going to aliens. 58 As 
in California, only the state can raise the objection 

56 See Select Document J. 

57 18 Wash. 664. 

58 19 Wash. 85; 40 L.R.A. 430. 



1<S1 RESIDENT ORIENTALS I 

to the alien holding the land; therefore the alien's 
title is good as against individuals. 59 The Washing- 
ton Land Law of 1921 was held constitutional as ap- 
plied to agricultural lands, and not in violation of 
treaty provisions in the leading case of Terrace vs. 
Thompson* 

The 1921 Act does not in any way affect land held 
by aliens prior to the adoption of the above provision 
in the state constitution, since titles to said lands were 
confirmed in all people holding the same by the 
Washington Laws of 1895. 61 But it does expressly 
cover all land acquired by aliens since the above pro- 
vision of the constitution went into effect. 

It will be noted also that the law expressly ex- 
cludes land acquired by inheritance, or in good faith 
under a mortgage, or in collection of debts in good 
faith; but it is provided in the Laws of 1921, p. 157, 
par. 4, that if the alien holds the land thus acquired 
by inheritance for more than twelve years, he for- 
feits it to the state; and, in par. 5, that if an alien is in 
possession of a mortgage as the mortgagee, the said 
mortgage is deemed foreclosed; and if the land is not 
sold in three years after the alien has obtained the 
use and possession of the same in this manner, it is 
forfeited to the state. Therefore even though an alien 
can acquire land by inheritance, he cannot hold the 
same longer than twelve years. Likewise, even 
though he may acquire land by foreclosure of mort- 
gage or collection of debts in good faith, he cannot 
hold the same longer than three years. 

As under the California law, the Attornev-General 
or the Prosecuting Attorneys of the state are to en- 

59 45 Wash. 327; 13 Ann. Cases 527; L.R.A. (N.S.) 186; 84 
Wash. 136. 

eo 263 U.S. 197. 

6i Rem. Comp. Stats. 10,592. 



1 PROPERTY RIGHTS . 185 

force the provisions of the Washington Act as to 
escheat proceedings. 

The Washington law also makes it a gross misde- 
meanor for a citizen to knowingly hold land in trust 
for an alien. Then, in 1923, the 1921 Alien Land Law 
was amended to provide that if the owner of land 
knowingly conveys to an alien an estate less than his 
own, the state instead of taking the lesser interest 
may take its value out of the greater estate, in an 
equitable action for that purpose. By the same 
amendment, it was provided that "If a minor child of 
an alien hold title to land either heretofore, or here- 
after acquired, it shall be presumed he holds it in 
trust for the alien. 9 ' 62 Since holding in trust for the 
alien gives the latter an interest in the land, it is for- 
bidden by the Washington law. 

The alien in Washington may dispose of his land 
any time before escheat proceedings by the state, just 
as he can in California. 63 But in 192 Pac 991, it was 
held that an alien could not defeat the escheat pro- 
ceedings by the state, after they have begun, by filing 
declaration of intention to become a citizen of the 
United States; when shortly before he had claimed 
exemption from military service on the ground of 
his alienage. 

As under the interpretation of both the California 
and Oregon laws, the alien under the Washington 
statute cannot own any interest in land indirectly 
through a corporation which he is forbidden to hold 
directlv. 

An application of the Washington state law arose 
in the case of the Japanese holdings on the Yakima 
Indian Reservation. The American Legion at Wa- 
pato entered on a bitter campaign to have the 1,200 

62 Laws 1923, p. 220. 

63 State vs. Kosai, 234 Pac. 5. 



186 RESIDENT ORIENTALS 1 

or so Japanese removed from the 60,000 acres of pub- 
lic land. The Attorney-General of the state gave as his 
opinion that the Anti-Alien Land Law did not apply 
within the boundary of the Yakima Reservation. Sec- 
retary Fall of the Department of the Interior, in Oc- 
tober 1922, made a ruling that American citizens 
should be given a preference over aliens, and that 
Japanese should surrender their holdings on the In- 
dian reservations. In 1925, however, the Attorney- 
General of the United States declared that Secretary 
Fall was outside his rights in barring the Japanese 
there. 

The stringent attitude of the law-enforcing branch 
of the California government toward corporations 
has not been adopted in either of the other Coast 
states, according to statements by well-informed at- 
torneys. The Secretary of State at Olympia writes on 
May 17, 1927: 

Corporations do not make reports to this office under our 
laws, consequently stock may be purchased by either Chi- 
nese or Japanese and this office would have no knowledge of 
the transaction. Original corporations must have at least 
one person a citizen of the state, who becomes the statutory 
agent. Corporations found to have a majority of the stock 
owned by aliens may not own real estate. 

I regret my inability to give you more complete infor- 
mation. 

COMPARISON OF EFFECT OF ALIEN LAND LAWS 
OF THREE PACIFIC COAST STATES 

In so far as the Asiatic alien is concerned, he is 
affected very much the same under the Washington 
law as he is under the Oregon and California statutes, 
although the result is reached in Washington from 
a somewhat different angle. While Washington al- 
lows the declarant to own land, this does not in any 
way apply to the Asiatic alien since he cannot become 



PROPERTY RIGHTS 187 

a citizen. In all three states he cannot own any in- 
terest in agricultural land by purchase. 

In all three states Asiatic aliens can take by in- 
heritance: in California and Oregon, not the land 
itself but the proceeds of the same; in Washington, 
the land itself for a period of not more than twelve 
years. In each state they can foreclose mortgages in 
good faith and collect debts bona fide. In California 
and Oregon they must dispose of the land, so taken, 
immediately; in Washington, they have three years 
to accomplish this result. 

In all three states the Asiatic alien's title to land is 
defeasible only by the state and is good against all 
individuals; ownership of land or an interest there- 
in indirectly through a corporation is forbidden the 
Asiatic alien or the alien corporation itself. 

In all three states, the American-born Asiatic child 
has the right to own land. But in California, under 
the 1921 Act, including the Amendments of 1923, if 
the alien parent pays for the land, the burden is on 
him to prove that the transaction was in good faith. 
The same result is reached in Washington by the 1923 
Amendment discussed above. Therefore, with some 
minor variations the situation is very similar in the 
three states so far as Asiatic aliens are concerned. 

It is likewise clear that these anti-alien land acts 
passed in the various states of the Union since 1919 
have been directed against the Japanese, in accord- 
ance with the strong initial stand taken by the public 
forces of California. 64 

In Select Documents I and J will be found the 
texts of the California and Washington acts, with the 
legislative record of their enactments. Their enforce- 
ment and economic consequences are discussed in 
the chapter on "Agriculture." 

64 12 Cal. Law Rev. 258. 



CHAPTER VIII 

OCCUPATIONAL STATUS 

The prime interest of the Oriental on the Pacific 
Coast is to find an agreeable means of livelihood, in 
which respect he does not differ from most people 
in this twentieth-century economic civilization. Even 
if attractive callings are not available, he and his 
family must live. This cardinal fact is overlooked 
on numerous occasions by foreign offices as well as 
by many persons interested in particular Cau&es. But 
what are his opportunities? 

"Left alone by themselves," writes Mr. K. K. Kawa- 
kami in The Real Japanese Question, "the Japanese 
and Americans in California can get along amicably 
together. This is not an assertion but a fact. We see 
American workmen toiling side by side with Japa- 
nese in the rice fields or orchards, with no friction 
between them. We see American farmers employing 
Japanese, and Japanese farmers employing Ameri- 
can laborers. In either case there is no trouble." 
Similarly, Mr. George Shima in his leaflet, An Appeal 
to Justice, 1920, expressed himself in these words: 

We know that there is no trouble between Americans 
and Japanese who come in direct and intimate contact with 

each other Why allow outsiders, who know little 

about ^ us, who have their own axes to grind, to stir up ill 
feeling and animosity where there is no , cause for them? 

Every fresh agitation is dreaded by the resident 
Oriental because he knows that thereby his fortunes 
are likelv to be affected adversely. Like most wage- 

i K. K. Kawakami, The Real Japanese Question (New York, 
1921), p. 89. 

188 



OCCUPATIONAL STATUS 189 

earners, he despises political interference and dreads 
the injection of external issues which may under- 
mine his job. He is in the position of wishing relief 
from unreasonable treatment, yet fully aware that 
attempts made from the outside are more likely to 
injure than help his immediate situation. He is con- 
fident of his ability to earn a decent living providing 
local agitation and prejudice do not interfere with 
jhis rights and privileges under the law. 

LEGAL RIGHTS AND PRIVILEGES 

An alien has the right, under protection of the Con- 
stitution of the United States, to earn a livelihood 
by following the ordinary occupations of life.- As 
pointed out in chapter iii, this right has frequently 
been called into question by various state statutes, 
so that we know that this guaranty of the Consti- 
tution has very effectively checked many attempts 
on the part of the state to discriminate against aliens 
in this particular. For example, in the early history 
of California it was felt that Chinese labor com- 
peted unfavorably with native American labor; con- 
sequently, in the Statutes of 1862, p. 466, a police tax 
was imposed on Chinese to protect free white labor 
from competition ^ith Chinese, but this act was 
declared unconstitutional. 3 Likewise a California 
constitutional provision of about the same period 
prohibiting corporations from employing Chinese 
was held unconstitutional. 4 

Like invasions of this constitutional right t6 fol- 
low ordinary occupations have been attempted by 
other states. For example, the New York statute 

2 202 N.Y. Supp" 549, and Terrace vs. Thompson, 44 Sup. Ct. 
Rep. 15. 

3 20 Cal. 534. 

4 1 Fed. 48f. 



190 RESIDENT ORIENTALS 

making it a crime for a contractor doing work for a 
city to employ aliens was declared unconstitutional; 5 
while Idaho attempted to make it unlawful for pri- 
vate corporations to employ an alien, but this law 
likewise was declared unconstitutional. 6 

One of the outstanding recent examples of a state 
attempting to limit the right of aliens to follow the 
ordinary occupations of life was a statute passed by 
Arizona making it a criminal offense for an employer 
of more than five employees to have less than 80 per 
cent of them native-born citizens. In the famous case 
of Truax vs. Raich, 239 U.S. 33, this law was declared 
unconstitutional because it violated the Fourteenth 
Amendment of the Constitution of the United States; 
the court made it very clear that any such attempt 
on the part of a state denied to the alien equal pro- 
tection of the laws and was therefore invalid. 7 As 
pointed out in this case, the foregoing guaranty does 
not of course extend to callings or occupations which 
are injurious to the community or likely to become 
so. In such cases, the state can limit such callings to 
its own citizens. 8 

Soon after the adoption of the alien land laws 
on the Pacific Coast the question arose whether these 
measures, in denying to ineligible aliens the right to 
own any interest in real estate other than as guaran- 
teed by existing treaty provisions, would not violate 
the above-mentioned guaranty of the Fourteenth 
Amendment by curtailing the alien's right to engage 
in agricultural pursuits. But in the leading case of 
Porterfield vs. Webb, 2 it was held that the California 

s 34 N.Y. Supp. 942. 

6 20 Idaho 128 (1911). 

7 For a further discussion on the constitutional phase of such 
statutes, see chapter iii. 

8 11 L.R.A. (N.S.) 800; 73 Md. 250. 

9 44 Sup. Ct. Rep. 21. 



OCCUPATIONAL STATUS 191 

alien land law did not bar aliens from engaging in 
agricultural pursuits and therefore was not uncon- 
stitutional in this respect. A like result was reached 
in the case of Terrace vs. Thompson 10 as to the Wash- 
ington alien land law. The same undoubtedly is 
true in respect to the Oregon act. The actual curtail- 
ment of land occupations, however, is described in 
chapter xi. 

In the Pacific Coast states, as elsewhere, there are 
provisions curtailing the alien's right to be employed 
in the public service of the state and on public works. 
This situation is more fully discussed in the chapter 
on "Public Service," but the constitutionalitv of these 
provisions is settled law. 

HANDICAPS OF ALIENS 

With the right to engage in gainful occupations 
clearly established by American statutes, the next 
question is that of personnel engineering; namely, fit- 
ting the man to the job and the job to the man. But 
even when there are available a suitable position and 
a suitable applicant, a connection does not always 
result especially if the applicant belongs to a race 
subject to race prejudice; for, even if the employer 
is willing to offer the Chinese or Japanese the posi- 
tion, there must also be considered the relations with 
the other employees as well as the effect upon cus- 
tomers. On both counts, the Oriental is at a frequent 
disadvantage in securing work, because of the three 
possible barriers of legal restrictions, of union labor 
opposition, and of group and individual preferences. 

LEGAL RESTRICTIONS 

Actually, there are few restrictions of a public 
character. The most conspicuous one is a citizenship 

10 44 Sup. Ct. Rep. 15. 



1!)2 RESIDENT ORIENTALS j 

qualification, which automatically exempts all Chi- 
nese and Japanese of the first generation born in for- 
eign lands. Some of the early California laws picked 
on certain aspects, such as cubic air space in laun- 
dries, in order to hit the Chinese; but all such acts 
have been declared illegal because of the obvious 
discriminatory features. Of the municipal regula- 
tions involving sanitation, public morals, and better 
living conditions, indirectly aliens are usually the 
first ones affected; but no one questions either the 
right or the wisdom of this exercise of the police 
power. 

Occupational restrictions, the subject of a recent 
careful study 11 by a special section of the Common- 
wealth Club of California, have surprisingly little 
bearing on a person's citizenship as may be learned 
from this brief statement to the writer from Hugo 
Wall, of Stanford University, the most active worker 
on this research: 

This investigation has covered only state and not local 
restrictions. Our information is based upon the following 
sources: (1) Answers to questionnaires sent to every Secre- 
stary of State and every State's Attorney-General in the 
United States; (2) letters, board reports, and copies of 
statutes which were received in answer to the question- 
naire sent to a majority of the various licensing bodies 
found in the United States; (3) An examination of a number 
of state statutes imposing occupational restrictions of va- 
rious kinds. It should be noted that this study is not com- 
pleted, so our findings are tentative. Enough research has 
been done, however, to justify us in reposing full confidence 
in the accuracy of our answers to a number of questions 
which have come up. 

Now in regard to restrictions against aliens. Here we 
must distinguish between restrictions placed upon various 
"professions" such as medicine, professional engineering, 

11 Transactions of the Commonwealth Club of California, San 
Francisco, Vol. Ill, No. 16 (April 16, 1927). 



OCCUPATIONAL STATUS 193 

accountancy, etc., and restrictions upon trades and occu- 
pations. 

In regard to the laws regulating professions, we find 
that approximately 50 per cent of the laws require citizen- 
ship or a declared intention of becoming a citizen as a pre- 
requisite to licensure. A considerably larger percentage of 
the statutes passed within the last ten years omit this par- 
ticular requirement than do the older statutes. We have not 
determined the reasons for this. Most of the laws regulating 
trades and occupations do not contain the provision for 
citizenship found in the laws regulating professions. 

You were also interested in knowing what especial re- 
strictions had been directed against aliens ineligible for 
citizenship. The answer is that we have not found any laws 
which are, on their face, directed against aliens ineligible 
for citizenship. In other words, no law has been discovered 
which specifies that aliens ineligible for citizenship shall 
not practice some particular profession or occupation. 

The fishing laws of most of the states are unique in that 
they either restrict commercial fishing to citizens of that 
state altogether, or else they impose a high license tax upon 
non-residents. The emphasis in all of these law r s is upon 
the protection of the resident fishermen of the state. 

Business licenses will be discussed in detail in chap- 
ter xiii. 

OPPOSITION OF ORGANIZED LABOR 

The organized labor attitude, consistently opposed 
to immigration especially of peoples with a lower- 
than-American standard of living, while strenuously 
opposed in its public utterances to Oriental immigra- 
tion, is actually interested in racial questions only in 
so far as they affect competitive conditions in indus- 
try. 'The American Federation of Labor has never 
countenanced the drawing of a color line or discrimi- 
nation against individuals because of race, color, 
or creed." 12 Likewise, the California Federation of 
Labor "endeavors to unite all classes of wage- 

12 Proceedings of American Federation of Labor (1920), p. 375. 



1 94 RESIDENT ORIENTALS 1 

workers under one head, through their several or- 
ganizations, to the end: 

*1. That class, race, creed, political, and trade 
prejudices may be abolished. 

"2. That support, moral and financial, may be 
given to each other." 13 The issue is capital and labor, 
not race and labor. 

The "sand lot agitations," centering about a dema- 
gogue, Denis Kearney, are authoritatively described 
in Bryce's American Commonwealth and in Cool- 
idge's Chinese Immigration. 

But the influence of organized labor also makes it- 
self felt through its reciprocation policy and through 
its boycotts: of the eight classes of establishments 
with firm names enumerated in the "we don't patron- 
ize" list of the California State Federation of Labor 
(1926), the only reference to Japanese or Chinese is 
"All-Oriental Meat Markets." Furthermore, aside 
from a resolution in 1924 when the federal immi- 
gration law was being discussed, there has been prac- 
tically no mention of Chinese or Japanese at the 
annual conventions of the Washington and the Ore- 
gon State Federations during the past few years. 
Even in 1920, when the Committee from the United 
States House of Representatives visited Washington, 
the labor spokesmen were openly friendly to the 
Oriental. 14 The writer's conversations with labor 
leaders in these two states and with a leading labor 
attorney failed to disclose animosity toward the Ori- 
ental. 

Labor's opposition to the Orientals, primarily the 
Japanese, is being exercised most powerfully by Mr. 
Paul Scharrenberg, a leader in state labor and public 
affairs. Probably very few unions now would admit 

13 Annual Report, 1926. 

i4 See testimony of Editor Ault of the Seattle Union Record. 



OCCUPATIONAL STATUS 195 

them to membership even though there were no citi- 
zenship qualification; political strength is also a 
matter of importance. (Contrary to published state- 
ments, there are a few Orientals in all three states 
who are members of local unions affiliated with the 
State Federations.) Few of the Chinese are in com- 
petitive trades; while the Japanese, still largely in 
agriculture which is unorganized, are only occasional 
competitors at present. It is natural that labor groups 
should watch with special interest the operation of 
the alien land acts, which are driving many Japanese 
into skilled and semi-skilled trades. 

There are few cases where Orientals are acting as 
"scabs," or "price cutters," or failing to conform to 
union standards of work, although this was not al- 
ways true in the past. Where particular crafts or 
trades are poorly organized, the markedly co-opera- 
tive Chinese or Japanese groups exercise a strong 
influence in establishing and maintaining standards 
of work. It is the rule that in most occupations these 
Asiatics receive as high, or higher, compensation 
than any other nationality. Also, it is practically 
unheard of for them to be unemployed even between 
seasons. 15 In fact, the Orientals are blamed by many 
because they are too industrious, too efficient often, 
which prompted Bret Harte to muse, even in the 
frontier days : 

Do I sleep; do I dream; do I wander in doubt? 
Are things what they seem or are visions about? 
Is our civilization a failure and is the Caucasian 
played out? 

isA Study of Single Homeless Men, May, 1924, San Francisco, 
made by C. L. Goodrich for the Community Chest, states : "No 
Japanese or Chinese are listed." Another investigation of men 
seeking relief in January-March, 1926, disclosed a similar situ- 
ation. Despite the transient population of Los Angeles, the same 
condition exists there. 



196 RESIDENT ORIENTALS 

Yet it is less true that the Caucasian, whether ii 
New Hampshire, Florida, Texas, or Missouri, ii 
"played out," than that the Eastern Asiatic comim 
to the Pacific Coast denies himself the recreation oi 
the American and has an additional advantage in hi* 
fewer wants procurable at a relatively cheap price 
Competition of this persistent and intense type is 
hard for the Caucasian to meet. Thus far it has beer 
met partly by organized economic pressure, but more 
important, by the withdrawal of the Chinese, and 
to a less extent, the Japanese, into non-competitive 
callings. 

WITHDRAWAL FROM COMPETITION WITH ORGANIZED LABOR 

The earlier employment record of the Chinese 
and Japanese is thoroughly treated in the Immigra- 
tion Commission Report (1910), which summarized 
the situation regarding the latter race thus: 

Any general statement concerning the employment of 
Japanese is likely to prove misleading, because the circum- 
stances have differed from industry to industry and from 
one establishment to another. Reserving agricultural pur- 
suits for later comment, however, the following general 
statements may be made as a result of the investigation of 
the several industries in which the members of this race 
are employed : 

1. In a number of instances the first employment of the 
members of this race has been to break strikes. 

2. A premium has been placed upon the substitution of 
Japanese rather than of other immigrant races by the fact 
that they were made easily available by the Japanese con- 
tractors, and that because of the position of the contractors, 
their employment involved the least inconvenience to the 
employers. * 

3. The Japanese have usually worked for a lower wage 
than the members of any other race save the Chinese and 
the Mexican. 

4. During the period when the Japanese were arriving 
in this country in largest numbers, the question of differ- 



OCCUPATIONAL STATUS 197 

ences in wages between the white races and the Japanese 
began to solve itself to such an extent that gradually the 
variation became trifling and there were instances where 
there was no diversity in the wages paid each. 

5. Though regarded as less desirable than the Chinese 
and the Mexicans, roadmasters and section foremen usu- 
ally prefer Japanese to the Italians, Greeks, and Slavs, as 
section hands. 

6. Regardless of these considerations, however, in most 
branches of industry the Japanese have found it difficult 
to make much advance. 

7. Chiefly because of the attitude of other laborers and 
the -fact that many of the Japanese do not understand Eng- 
lish and must be set at work in groups w T ith an interpreter, 
the Japanese have generally been engaged in unskilled 
work. 16 

A later statement is the following: 

Vocationally there has been a clear tendency on the part 
of the Chinese to withdraw from the competitive forms of 
labor and business and to enter less productive urban call- 
ings. In some pf the cities, notably in border and sea-coast 
communities, there is a pronounced tendency for an increas- 
ing number of Chinese to engage in lotteries and other dis- 
organizing callings. 

Prior to the passing of our anti-alien land legislation the 
Japanese had shown a distinct movement toward concentra- 
tion in the small fruit and vegetable agricultural areas in 
British Columbia and the three American states. They had 
withdrawn gradually from those sections where the use of 
expensive and heavy machinery had been increasingly prac- 
ticed. For instance, practically every wheat-growing county 
in the state of Washington shows a decrease in Japanese 
population during the past decade. On the other hand, King 
and Pierce counties, where the cities of Seattle and Tacoma 
are located, have shown marked increases in that population 
during this same period. 

Unlike the Chinese, the Japanese, prior to the passing of 
the anti-alien land laws, had shown no marked tendency 
toward urbanization. They were the least urbanized immi- 
grant group in the country. 

16 U.S. Immigration Commission Report (1910), pp. 664—666. 



li)8 RESIDENT ORIENTALS 

As to the future territorial and vocational distribution 
of the Japanese, indications up to date seem to warrant the 
conclusion that they will follow somewhat the same general 
course as that taken by the Chinese; namely, they will be- 
come gradually more and more urban dwellers, and, due to 
more limited opportunities, they will in all probability be 
forced more and more into the relatively unproductive voca- 
tions. The exact trend will be governed largely by the 
opportunities in America which await the older, and es- 
pecially the younger, generation. 

The Japanese employed in the lumber industry in Wash- 
ington have apparently reached nearly the point of satura- 
tion, judged by statistics covering a period of years which 
show little fluctuation. The Japanese in Washington show 
a decrease in the grocery business; but in laundries, dyeing 
establishments, and hotels, they have held their own. 

With regard to similar phenomena in California, -there is 
indication of the same concentration of the Orientals in the 
cities. The movement into Los Angeles has been very heavy 
during the last three years. There the Japanese are opening 
many small business houses, buying second- and third-rate 
apartment houses, opening financial institutions, and even 
entering the professions. 

Within California there has been a noticeable exodus of 
Japanese from the northern counties with a corresponding 
increase in the southern section. A few are migrating into 
the Mountain states and into Mexico. 17 

PREJUDICE OF EMPLOYERS 

Emanating from the barriers of public regulations 
and labor influence but more especially the less tan- 
gible factor of public opinion, the occupational preju- 
dice against the Oriental is described by officials of 
seven Far Western colleges in these reports just re- 
ceived : 

From State Teachers and Junior College, Fresno, California: 

Occasionally we have a call for a Chinese -or a Japan^r- 
youth to do housework for room and board while attending 
college. However, even these opportunities are not numer- 
ic Tentative Findings of the Survey of Race Relations (1925), 
pp. 9-10. 



OCCUPATIONAL STATUS 199 

ous. No calls for Chinese or Japanese as teachers or engi- 
neers have ever come to us. 

From Pomona College, Claremont, California: 

As far as I know there have been no calls come to this 
office for Japanese, either the first or second generation, in 
the lines of teaching, engineering, manufacturing, or busi- 
ness. We have had Japanese students graduating in nearly 
every class and there are always Japanese in our student 
body, but as far as I can discover by the records, they have 
always made their permanent connections without help from 
this office. Most of them have gone on for graduate study, 
in some proficient school, and gone into their vocations 
directly from these universities. 

Several are now teaching in the Imperial Schools in 
Japan, but I think no calls have come to us asking for can- 
didates from this list. 

From University of California at Los Angeles: 

I can give you no encouragement, as to date we have had 
practically no calls for foreign help of any kind. 

From University of Southern California: 

Our calls have been very few. We have, never had any 
calls for people of this race for/teaching or as engineers. 
We have had quite a number of calls from banks in the 
foreign departments for students whta have graduated to 
work as accountants, statisticians, and as general office as- 
sistants, v 

From University of California, Berkeley, California: 

Our experience with employment for Japanese and Chi- 
nese has been most unsatisfactoty. Manv of these students 
have taken the engineering courejes and we iiave found a 
distinct prejudice against foreigners existing i^ the public 
utilities and manufacturing companies. 

Two years ago, we were fortunjpte to place \a Chinese 
chemist with a soap concern. His work was most, satisfac- 
tory and only terminated by the failure of the company. 
You may be interested to hear of ihe reaction which he 
reported to us recently. He had hfeen calling on a great 
many manufacturing plants around' the Bay and met with 
cold receptions due to the present Chinese situation. Al- 
though he is a second-generation Chinese, the employers 
seemed to feel a personal resentment and evidenced woeful 



200 RESIDENT ORIENTALS 

misunderstanding of the whole political condition. He is 
having a very unhappy experience, and it is necessary forj 
him to take odd jobs to finance himself. 

The supply of applicants more than exceeds the demand! 
for positions of all kinds, and California employers are not 
disposed in a friendly manner toward the Japanese and! 
Chinese. On the other hand, the personnel man of one of] 
the largest public utility companies recently spoke of a 
Chinese draftsman, a graduate of this University, who is 
giving excellent satisfaction and is very well liked. This 
employer stated, however, that it is an exception to find 
such a case and they do not as a rule employ foreigners. 

An official of a motor company here also has made the 
same statements. There is one draftsman in their employ 
now, and no rule exists against Chinese and Japanese. It 
seems a tragedy that these intelligent men should spend four 
years in college to find there is no market for their quali- 
fications. Isn't there some channel through which they could 
be informed? 

From Stanford University, California: 

It is almost impossible to place a Chinese oz Japanese of 
either the first or second generation in any kind of position, 
engineering, manufacturing, or business. Many firms have 
general regulations against employing them; others object 
to them on the ground that the other men employed by the 
firms do not care to work with them. Just recently, a Chi- 
nese graduate of Stanford University, who was brought up 
on the Stanford campus with the children of the professors, 
who speaks English perfectly, and who is thoroughly Ameri- 
canized, was refused consideration by a prominent Cali- 
fornia corporation because they do not employ Orientals in 
their offices. 

From the State College of Washington, Pullman, Washington: 

The Placement Bureau has received communications 
from various kinds of business asking for secretaries, ac- 
countants, and experts in various other fields* I do not re- 
member ever having received an inquiry for a Japanese or 
Chinese student. 

Japanese and Chinese graduates in engineering have 
great difficulty in getting positions in the United States 
regardless of whether they have been born in this country 
or not. 



OCCUPATIONAL STATUS 201 

We have some of them that speak English perfectly and 
know nothing about Japan, who are forced to go to Japan 
for employment. 

From the University of Washington, Seattle, Washington: 

Most of our students of the first generation return to their 
owrf country; a considerable number plan to go into govern- 
ment service, others into business, and some into the teach- 
ing profession. Of the second generation, we find a large 
number entering business here, which seems to be more 
particularly among their own people. Some engage in mer- 
chandising, importing and exporting, banking, and engi- 
neering. 

We have very few calls that come directly to us for men 
of these nationalities, but they seem to have little difficulty 
in making a place for themselves when they have completed 
their work. 

SPECIAL DIFFICULTIES OF AMERICAN-BORN ORIENTALS 

In the securing of positions, therefore, little dis- 
tinction is made between the ineligible alien and the 
American-born : this is grossly unfair to the latter for 
whom, generally speaking, Asia is a strange land, 
written and spoken Chinese or Japanese is frequently 
not understood, and there is their own decided pref- 
erence to remain in America. The influence of the 
public schools, the gang, athletics, and movies is un- 
mistakable. When one's conversation with one of 
these collegians partakes of football, baseball, shows, 
and girls, rather than of domestic politics and new 
systems of education, the country of previous train- 
ing or greater influence is easy to discern. But let 
some of these youths describe the vocational features 
in their own words : 

California is the native state of my father as well as of 
myself, and I have never been away from here. My mother 
died several years ago and so I am now living with my uncle. 
My father speaks English well, but we have been in the habit 
of using Chinese in our home. It is quite customary for the 
children to learn the Chinese language because they find 



202 RESIDENT ORIENTALS 

it very useful, not only in Chinatown, but if they plan to 

go to China. Even the children of the A family, 

whose mother is American, attend the Chinese language 

school. The children of the B family, who do not live 

in Chinatown, come here at times, but they do not know 
how to speak Chinese, and so folks, both young and old, 
look down on them for this. I understand that their father 
was sorry that he did not have his children learn Chinese. 
I am glad that I can speak Chinese and I have never been 
ashamed of my mother tongue. 

In Polytechnic High School, where I am in my second 
year, some of the boys talk rudely to me at times, and tell 
me that I am not a citizen and so on, but even though their 
words hurt me I have never been ashamed of being a Chi- 
nese and never have I wished I were a white man. In China- 
town I am known by an American name, but in school, I 
always use my Chinese name. 

I am directing my studies toward a course in electrical 
engineering, after which I plan to go to China where I will 
find greater opportunities than in America, where they will 
not employ me because I am Chinese. It is quite difficult to 
live in America because of the difficulty in buying any prop- 
erty. I should like to live in a better district, but the only 
district where we may buy is in a Mexican or some other 
undesirable neighborhood. (164 S.R.R.) 



.... In my younger days, I always associated with 
Americans and this held true while I was in high school. I 
w r ent to the First Methodist Church where I was a member 
of the same Sunday-school class for four years, and I was 
even president of the class for two years. When I had com- 
pleted my high-school course I went to Stanford University. 
During my college days, I mingled entirely with American 
boys and had an American room-mate. I had a good time 
while there. I mingled freely in their social functions. I 
went to their dances where I was the only Japanese and 
danced with American girls. I did not stay at the Japanese 
Students' Club and did not even make a social call there. 
It did not occur to me that it was necessary to do so and 
when I learned that I should have called there so long a time 
had already elapsed that I decided that it was too late to 
call. Some of the Japanese students called me a snob because 
I did not mingle with them. Most of them were Japan-born 



i 



OCCUPATIONAL STATUS 203 



and I did not enjoy their company; I preferred to mix in 
the social affairs of the American students. At the Univer- 
sity I did the major portion of my work in economics and 
history. I selected these studies in preparation for my 
vocation, which I had begun to think about while I was yet 
in high school. I thought about preparing myself for con- 
sular service in the Orient. In connection with this I took 
several history courses in the Far East because I wanted 
to know about Japan and the other Oriental countries. I 
wanted to go to Washington, D.C., to take the examination 
soon after my graduation, but this was put off on account 
of my father's illness, when I returned home to assist him 
in his fruit and vegetable business. I have wanted very 
much to travel and particularly in the Orient. With this in 
mind I have thought about securing a position with some 
business concern in Japan and have written to friends in 
Japan who have made inquiries for me, but have informed 
me that I would practically be unable to make any such 
connection because of my inability to read and write Japa- 
nese. I can speak it because I have had to use it in con- 
versing with my parents. This desire to roam around has 
been so strong that were it not for the conditions at home 
which make it necessary to remain there I would, no doubt, 
have wandered away somewhere, just to be on the move. I 
have not worried, however, about getting a position, because 
a relative of mine was manager of the T.K.K. Steamship 
Company in South America and I could have had a position 
there had I wanted it. I could also have had a position with 
the Mitsui Company, which has branches all over the world. 
The difficulty with so many of these positions is that they 
do not pay enough; they start a person off with some $75 
per month, and I can't accept that. 

A friend of mine who is with the Mitsui Company, in 
London, started at a salary of $75 but is now receiving more 
than double that amount. Even though there have been in- 
creases in salary, the initial salary seems entirely too low 
for me to consider. With an automobile truck I can make 
about $300 per month and that makes some of these salaries 
seem ridiculously low. I now go to Los Angeles every second 
day to buy produce for our store and for five other stores. 
I have been going to the market ever since I was a small boy 
and consequently I know how to buy fruits and vegetables. 
If one knows how to buy, there is considerable profit in a 
produce store such as ours. (192 S.R.R.) .... 



204 RESIDENT ORIENTALS 

.... I was born in Japan but came to this country when 
I was three years old. We came first to Texas. My father's 
uncle had a rice plantation in Texas and my father came to 
work on it. Since living in Texas, we have lived in Denver) 
and Pueblo, Colorado, and in St. Louis, Missouri. We have 
only been in Los Angeles for about the last four years. We 
did not meet with prejudice in the other states. I think the 
reason there is so much prejudice in California is that there 
are so many more Japanese here. I never knew Japanese 
girls much until we came to Los Angeles. I have always 
been more with Americans because there were very few 
Japanese in the other places where we lived and I was 
usually the only Japanese in my classes at school. My 
friends were American girls and I had intimate friends. I 
never felt different from them. I have a few friends among 
the American girls here. 

It is hard for Japanese people to get positions. They 
have to find employment in the Japanese community and 
the business of the Japanese firms is very poor now. So 
many of the Japanese farmers are going back to Japan and 
that, of course, affects the Japanese business houses in the 
city. It makes it hard for Japanese to find employment' 
because I don't think Americans will employ them, and if 
they can't find positions in the Japanese community, many 
of them are having to take common laborers' jobs. 

It is harder to get positions in Japanese firms, too, if you 
don't know the language very well. A good many of the 
young people speak Japanese but can't read and write it 
very well. Unless they go to a Japanese school, they don't 
learn to read and write very well. I speak Japanese all the 
time to my father and mother, but I never went to Japanese 
school and so can't read and write it very well. They didn't 
have Japanese schools in the places we have lived because 
there were so few Japanese they couldn't afford to have 
schools. My mother and father tried to teach me a little at 
home, but the children don't learn very much if their par- 
ents just try to teach them at home. It is hard and they 
don't want to bother with it and it just seems to them like 
something their parents want them to do when they want 
to play. Then maybe when they are older they are sorry 
they didn't learn. It is pretty hard for them, too, to have to 
go to Japanese school after public school hours. 

We are planning to go back to Japan. That is really the 
reason we came to California. But then my father thought 






' OCCUPATIONAL STATUS 205 

1 was so far along in school it was too bad to leave now, so 
Sve stayed. We aren't going because of the land law r s, we 
were going anyway. (628 S.R.R.) 

.... Most of the Japanese girls, when they leave school, 
find employment in the Japanese colony. The Chinese col- 
ony is not so large, of course, and does not offer any oppor- 
tunity to the Chinese girls; so they find positions in the 
American community as "figure-heads," as the girls them- 
selves say, where they wear their Chinese costumes. And 
oh, how they hate to wear them! But they know they would 
not be wanted except for the costume. 

The Japanese girls I know who are taking special courses 
in college are planning to go to Japan. I think that really in 
the back of their minds, influencing their decision, is the 
knowledge that they will probably not have the opportunity 
to use that training in this country and they make them- 
selves believe that they want to go to Japan and use their 
training for the service of their people there. 

I think the Japanese feel that the only thing they can 
do to solve their problems in this country is for each Japa- 
nese to feel the responsibility of his individual conduct, to 
make every effort to be a desirable citizen and to do nothing 
that will merit criticism. (628 S.R.R.) 

OCCUPATIONAL PROBLEM 

The occupational distribution of Chinese and Jap- 
anese is shown by the summary table (p. 206) based 
on the 1920 census, which should be supplemented 18 
by the later figures for the Japanese which appear in 
the General Tables at the back of this studv, as well 
as here . 

In chapters ix to xvi inclusive, these occupations 
are described more in detail, even though in some 
lines the Orientals play only a minor role. 

The accompanying table prepared by the Japa- 
nese Foreign Office gives the occupational distribu- 
tion of the Japanese in America for the year 1925. 

!8 The Chinese Consul-General at San Francisco reports that 
there are no subsequent data for the Chinese-American popu- 
lation. 



206 



RESIDENT ORIENTALS 



73 <N 

OS 



O 

h-l 

H 

p 
u 
u 

O 





03 


t^- CO 


CO t— 


^H 


T-H 


LO 




c 


I QJ 


C3 




'as 


OS t— 1 CD COI 
C— LO 


T^ rfi 




CD 


OC 


CO 




a 


Ttf tH 




CO 


CN1 


1 ^ 


03 
ED 


r* 






#s «\ «s : 


03 
ft 


T— 1 






(M 


iO 


) LO 


03 

G 
cd 
Pi 

03 










■ 


CO] 




CD Ot> Tf CO 


CD Q O 




CO 


^ 


zo ■ 


•"» 


03 


CD tH (N N 


OHIO 




CD 


1 1— 


o 




'3 


OOH Tf COI 


CO tH tH 




CO 


) cc 


OO 




S 


WH cd •*& 


LO t— 1 




<D 


' CO 


OO 






CM 






^- , 


LC 


> LO 
1 




03 


-* • iooo 


, ^ 




oc 


i CO 


i cb 




'cd 


CO • C— 


" l>- ij^5 




oc 


i CO 


i oo 




a 


r-4 


th <sr 




(N 


1 t> 


tpH 


43 


03 

ft 












LO 


03 




























• 


1 




LO tH 'HCM 


Tf CD H 




CN 


1 CO 


1 


© 


t— 1 LO OO 00 


QOOH 




CD 


) oc 


TF 




'cs 


O T— 1 O l>- 


OH^ 




T-- 


t oc 


) CD 




g 


^ *v 


r\ 




«v «% *\ 




LO rfl 


00 




CD 


) Tfr 


— 1 












CM 


1 ^j- 


LO 

1 






0O rt< rH O 


0OTH0O 




rt 


1 y— 


1 o 






C<l CD ^ LQ 


CD Ot> Ot> 




CM 


1 T- 


^ 




93 


HOO CO O 


Cft C— ^H 




eft 


L0 


> CO 




a 


+\ 9\ #S #■ 


#■» rs »\ 




• 


N #* <l\ 




Th CO O CO 


CO -i—l CD 




ce 


> a: 


> eb 


02 


OO CO t— 1 


C^CMH 




oc 


) ^t 


^ 


93 


o oi co 


CD CD 




T— • 


i iO 


> ^ 


+3 


ft 


#•* #\ 


•\ #N 




« 


\ »N «\ 


IG 




tH tH 


CO T-H 




CO 


1 OC 


) o 


03 

G 














tM 


o 
















+3 
03 




OC5 CO 00 


(NCfiH 




oc 


) l>. 


Cft» 


& 




CO LO OO CO 


t-H CD Cft 




CD 


) CO 


CD 




OCO H1C 


CD CD CO 




o: 


c^ 


CTi 


i— ( 


03 


r» «n #\ «■ 


#S *\ C\ 




• 


\ m 


s »s 


5 


r— l 
03 


Cft t>» 00 O 


LO 00 t^ 




t^ 


^t 


cb 


a 


CD CO 0O LO 


t^ ^F CO 




T""" 


C£ 


»■ oo 




OO O OO OO 


Co r>. th 




CM 


1 O 


CO 






Oi H OtN 


LO T-i 




T— 


i CO 


) coi 






H 








•co 


1 




a - 


i 


1 

. p 






i 










: 9 : ; 


o 
o 












C2 • 








o 






m 






O 




>> * 

75 Sh 


cturing and 
ical industries 
ortation 


13 ! 




0) 


13 

P 

o 






71 

C3 * 

^ : 

S : 
p 5n 


G 
O 

03 

p. 

G 

03 
03 

o 


re, fore 
husband 


• i-H 

o : 


a; 
c 


> 

CD 

. in 

i— i 

Co 

*-< 


m 
u 

P 




t: 

C 
C 

•p-i 

05 

P 
3 






•h ^ cy 






•^ O 

1c 




gricul 
anim 

ining 

anufa 
chan 

ransn 


de 
atio 
•lie 
fess 


CD 

>-H 


a; 


o 




OS ft« o 

U P L* 


*-* 

o 




1— 1 

P— H 


a§ 






< . 2 


S H 


H 


£h 


Cm 


Q 




«< 


a. 



V5 

3 

03. 



OCCUPATIONAL STATUS 



207 





Grand 
Total 


to 
o 

i— i 

CD 


CTi 
i—l 
J* 

rs 

CD 


38,218 


7,688 


16,072 

_ 


CO 
CO 
1—1 


<M 

CD 

i— 1 . 

CO 

r—l 


Koreans 

(Not 
Classified) 


O 
t-H 


CD |>- 


i— i 




CM i—l 


co oo 

CO 


4,077 
1,811 


a 

o 

Ph 
c 

o3 
P. 
03 

►a 

a 

o 

(-1 

V 

P 
03 

a 

03 
1-8 


t-H 

03 
O 


OS 


C 
i—l 

CD 


i— i 

CM 

oo 

CO 


7,620 


16,069 


133,080 


CD 

1— 1 


Their 
Families 


677 
1,401 


16,394 
22,490 


10,903 
13,711 


1,491 
2,752 


3,515 

5,862 


32,980 
46,216 


35,232 
48,321 


Engaged in 
Gainful Oc- 
cupations 


3,802 
1,150 


24,298 
1,997 


12,699 
904 


3,162 
215 


6,047 
645 


50,008 
3,876 


34,342 

7,869 . 






Middle, Eastern, and South- j Male. . . . 
em States: { Female.. 


Pacific Coast Districts: 
Within jurisdiction of 
Consulate-General in San j Male. . . . 
Francisco {Female.. 


Within jurisdiction of 
Consulate in Los An- (Male. 
6 eles { Female'.'. 


Within jurisdiction of j Male. . . . 
Consulate in Portland {Female.. 


Within jurisdiction of j Male. . . . 
Consulate in Seattle .{Female.. 


• 
• 

cz 
C 


• 

S 


Co (U 

1 

i QJ 

5/2 -*-• 

M 1— H 

3 3 3 

•—» 5/2 _^ 

.So g 

72 a) o 
"S ^ ffi 

o *^ 

~ § 2 

5^ 



208 RESIDENT ORIENTALS 

The first generation employment problem has 
been practically solved due to the stopping of immi-j 
gration. The failure to enforce strictly the alien land! 
laws lias taken care of those foreign-tongued, unas- 
similable Asiatics who have not trekked to the towns, 
the only ones of these groups whose means of live- 
lihood has appeared to be in jeopardy. In a dozen 
years their services will command a high scarcity 
value. 

The second-generation youth are facing the future 
with the prejudice toward the first generation con- 
tinued, without that command of language ^certainly 
true of most of the Japanese but far less true of the 
Chinese) necessary for employment in city Japtowns 
or Chinatowns or in the land of their fathers, and, 
most of all, without leadership among themselves^ 
There would be no difficulty at all for employment in 
domestic and personal service or entering agricul- 
tural pursuits; but American schools have educated 
them to the social caste of a white-collar job) In time 
they can capitalize their physical difference in the 
movies, as stewards of country clubs, as managers of 
tea-rooms, as artists and handicraft workers; also, 
they can work for each other and do business with 
each other. American business houses will utilize 
them more and more as intermediaries in reaching 
the local community, and foreign trade^houses will 
pay high for Americans if they can speak the lan- 
guages of both America and Eastern Asia. Providing 
they do not suffer loss of their citizenship through a 
constitutional amendment, they, like their parents, 
should have little difficulty in securing a satisfactory 
means of livelihood in the course of a few years. 

In the meantime they must exhibit unusual quali- 
fications to compete successfully against Americans 
in the same line of work; therefore it is not surpris- 



OCCUPATIONAL STATUS 209 

ing that well-educated persons of Oriental parentage 
are forced to a lower step on the occupational social 
bladder, because they cannot get a hold on the upper 
rungs. 

THE FUTURE 

In the future, how will Orientals make a living? 
From all indications, the past is a contradiction. The 
Chinese were imported for building of railways and 
mountain roads, as farm laborers, and house work- 
ers. They are no longer in road gangs, in agriculture, 
in gardening, or even acting as cooks and domestic 
servants save in a few of the old San Francisco es- 
tablishments where the old ties and a fabulous wage 
prove attractive. The Chinese laundries are being 
given up one by one, largely because of competition 
of modern laundries and because the oldtime China- 
man has almost disappeared. The leaders of China- 
town seem to think that retail shops and cafes are 
likely to provide increasing employment for the 
younger generation. The Japanese are not content 
to remain as agricultural workers, yet legislation in 
the Pacific Coast states does not allow them a higher 
status on the land. The rural Chinese are flocking to 
a few large cities, while the Japanese likewise are 
leaving rural life for the city, in California migrating 
southward. In Los Angeles, the Japanese are buying 
up second- and third-class apartments and entering 
rather aggressively into retailing and local business 
enterprises. The professions are attracting a few 
Chinese and Japanese but the opportunities are lim- 
ited because ineligibility to citizenship is a barrier; 
moreover, white lawyers prove more useful, educa- 
tors have a limited sphere, and what kind of a prac- 
tice would an Oriental physician or surgeon have? 

For men, women, and children, there are real op- 
portunities in agriculture, gardening, domestic serv- 



210 RESIDENT ORIENTALS 

ice, and industrial handicrafts including carpentry, 
weaving, and metal-working. There is no indication 
as yet, however, of any such preferences. 

The greatest handicap of the Oriental in America 
is the absence of any worth-while direction or in- 
formation regarding vocational opportunities. In 
this respect both American and Oriental private and 
official organizations have been notoriously lax. As 
a result, the second and third generations do not 
know what they are best fitted for, what they should 
train for, or what types of work would bring them 
into the least competition with others. They drift 
from calling to calling, from locality to locality, with 
little sense of how their particular talents or handi- 
caps can be utilized to the best advantage. They 
spend time and money in higher education and in 
short technical and professional courses, but without 
any adequate knowledge of the likelihood of future 
positions. It is America's loss, as well as their own, 
that they do not know how and where to capitalize 
their presence here. 

In conclusion, the first generation is not only be- 
coming scarce but naturally drifts to land callings 
and domestic and personal service, and partly too, to 
business, 19 which gives them a favorable competitive 
position. The younger generation, however, is voca- 
tionally embarrassed by the prejudice directed 
against their parents which is transferred to them, 
by political events at home and abroad, 20 and by 
sheer ignorance of their own fitness, because they 
are without the benefit of any reliable information 
affecting the choice of their careers, derived from 
aptitude tests, interest tests, or organized occupa- 
tional guidance. 

!9 See chapters xi, xiii, and xiv. . 
20 See chapters i and xix. 



CHAPTER IX 



MINING 



Mining law includes the location and development 
of mining claims, and the right to work the mines. 

LOCATION AND OWNERSHIP OF MINING CLAIMS 

The federal government has seen fit to limit the 
privilege of locating mining claims to citizens. 1 But 
if an alien does locate a mining claim on the public 
lands of the United States in spite of the above- 
mentioned law, his title to the same is not void be- 
cause of his alienage, and is not open to attack on 
this ground by an individual. His title on this score 
can be attacked only by the government. 2 

Before this statute was passed, an alien could 
locate mining claims on the public domain; 3 and 
even now if an alien transfers his claim before 
voided by the government on the ground of his alien- 
age, the citizen transferee gets good title to the 
claim. 4 

Consequently, while location of a mining claim 
on the public domain by an alien does not entitle 
him to a valid claim as against the government, it 
does give him a good claim as to all others, and the 
power to transfer the title to a citizen. 

In the Washington Constitution, Article II, Sec- 
tion 33, restricting the right of aliens to own land, 
it is provided that "the provisions of this section shall 

lAct of Congress, May 10, 1872, Rev. Stats. 2319; 6 Fed. Stats. 
Ann. 509; 83 Cal. 296; 68 Cal. 43; 21 Colo. 260. 

2 152 U.Sl 505; 183 U.S. 563; 22 Utah 257; 29 Utah 443. 

s 15 Cal. 100; 85 Pac. (Wash.) 1079. 

4 29 Utah 443. 

211 



212 RESIDENT ORIENTALS 

not apply to lands containing valuable deposits of 
minerals, metals, iron, coal, or fire-clay, and the 
necessary land for mills or machinery to be used in 
the development thereof, and the manufacture of 
the products therefrom." 

The Washington Alien Land Law of 1921 con- 
tains this same exception. In Clause (b) of this Act, 
it provides that "land" within the meaning of this 
Act "does not include lands containing valuable de- 
posits of minerals, metals, iron, coal, or fire-clay. 
. . . ." By this provision, the ownership of mining 
property by aliens is favored over other forms of 
real property, and while aliens in general cannot 
hold real property in Washington for most purposes, 
they can, as above, for mining or milling ore. 

Ownership of land for mining purposes is prob- 
ably denied to aliens ineligible to citizenship under 
the present alien land laws of California and Oregon. 
These laws provide for the ownership of land by 
aliens ineligible to citizenship only in so far as the 
same is guaranteed by treaties. Since ownership of 
land for mining purposes is not guaranteed by the 
treaties with Japan or China, it is apparent that these 
aliens cannot own land in California or Oregon for 
mining purposes. The same is true as to holding land 
for lumbering purposes, since this is likewise not 
guaranteed by these treaties unless under the com- 
merce clauses of the same. 

In brief, the Asiatic alien in the Pacific Coast 
states cannot locate a mining claim and successfully 
hold the same against the government. In California 
he cannot own land for mining purposes under our 
present alien land laws. The same is true in Oregon, 
since the provisions of the Oregon law are essentially 
the same as those of the California law. But in 
Washington, the alien can acquire and hold land 



MINING 213 

for mining purposes. California and Oregon in thus 
restricting the ownership of land for mining pur- 
poses are but following out the general policy in this 
country as indicated by the above-mentioned Act of 
Congress, passed as early as 1872; but, as noted 
above, Washington is more liberal. 

WORKING THE MINES 

In the early 'fifties, California imposed a special 
tax on all aliens taking gold from the mines of the 
state. 5 

In People vs. Nagleef this law was held constitu- 
tional, but the case was decided before the adoption 
of the Fourteenth Amendment Since the adoption of 
the Fourteenth Amendment, such a statute is doubt- 
less unconstitutional; 7 but since it has not been so 
declared, it still stands on the statute books. It is of 
little practical importance today, and of course only 
the officers of the state can attack any mining opera- 
tions on this ground. 8 

Apparently there has been no similar provision 
adopted in Oregon or Washington, so that in these 
two states, aliens are under no disabilities in respect 
to following the occupation of mining. The same 
result is in practice reached in California. So, 
throughout the Pacific Coast states, there is now no 
limit, constitutionally proper, on the right of any 
person to work in the mines without any special tax 
or other curtailment. 

EMPLOYMENT CONDITIONS 

There is not much to be said on this occupation 
as it relates to the Oriental. As far as the writer has 

5 Cal. Stats. 1858, p. 302; and Supp. Stats. 1866. 

6 1 Cal. 232; 52 Am. Dec. 312. 

7 Code Commissioner's Note, 1915; 1 Cal. Juris., par. 28, p. 931. 
s 6 Cal. 148. 



214 RESIDENT ORIENTALS 

been able to learn, there are no Chinese or Japanese 
working underground in mining operations. It is 
said that the only place in Canada or the United 
States where Chinese and Japanese are working 
underground is at Cumberland, province of British 
Columbia. The Chief Inspector of Mines for British 
Columbia reported that during 1925, there were em- 
ployed in the province 450 Chinese and 62 Japanese, 
total 512; approximately half of the Chinese and all 
of the Japanese were working underground. 

Dean Hoover of the Stanford School of Engineer- 
ing, when visiting nearly every mining camp in Cali- 
fornia several years ago, saw only one Chinese,, and 
he was puttering over some mineral washings. 
Doubtless there are other isolated Chinese working 
over placer gravel. In the Coast states, the njumber 
of Chinese and Japanese employed is negligible. In 
Wyoming, Utah, Colorado, and New Mexico, there 
are some Japanese engaged in miscellaneous work; 
but there are few Chinese anywhere in this famous 
Western industry — a decided contrast to the placer 
mining days of California seventy-five years ago. 

Mr. D. D. Moffat, Assistant General Manager of 
the Utah Copper Company, Salt Lake City, wrote on 
March 18, 1927: 

We employ a few Japanese at our reduction plants at 
Garfield, principally on clean-up work and sampling. At 
our mine in Bingham we also have a small number of Japa- 
nese on the track gang. Both at Bingham and Garfield we 
maintain separate and distinct camps to accommodate this 
class of labor. I do not know of any Chinese working at 
any of the mines in this state. There are a few Japanese 
working at the coal mines in Carbon County, Utah, but I 
do not know of any working underground at any of the 
metal mines. 

Mr. E. H. Hamilton, Manager of Mines of the 
United States Smelting, Refining, and Mining Com- 



MINING 215 

pany, also of Salt Lake City, in a letter dated May 25, 
1927, stated regarding the Orientals: 

The Japanese nationals predominate, with a few Hindus 
and a sprinkling of questionable Asiatics, with no Chinese. 
The coal industry is now using about 10 per cent Orientals 
in the mining, mechanical, and general work, the greater 
percentage being used for coal loading and track work. In 
the metal mines only a few Japanese are used and these on 
track work and as laborers. Their introduction into the 
metal mining was first through their use as track men, who 
were recruited from the neighboring railroads. 

The Immigration Commission reports give reli- 
able, detailed information regarding the activities of 
Japanese in the coal mines and metal works in the 
Intermountain region. The following quotation from 
that investigation is apparently still true today: 

The Wyoming coal fields are extremely cosmopolitan and 
few race antipathies are apparent. The Japanese are treated 
in the same manner as other immigrants. They prefer to 
associate w T ith natives rather than w T ith foreigners, however. 
They are loyal members of the union, and exhibit consider- 
able pride in their connection with the organization. At 
work, they are under Japanese foremen, but are usually 
employed at tasks with other races. 

In their living quarters, however, they are segregated 
from other races, living in bunk houses, often beyond the 
boundaries of the mining towns. Employers were unani- 
mous in characterizing the Japanese as regular and attentive 
workmen giving satisfactory service. 

Japanese have never played an important part in the 
mining and smelting of metalliferous ores in the Western 
states. In most places, they are not considered eligible to 
employment, while in the few localities where they have 
been been used their numbers have always been small. In 
the investigation of metal mining in the Rocky Mountain 
states, they were found in the iron mines of one locality 
alone. In the investigation of smelting in the several states, 
they were found employed in only three smelters, two of 
these located near Salt Lake City, and one in Nevada. The 
Japanese employed in the smelters near Salt Lake City were 
secured through a contracting agency wiiich received as its 



216 



RESIDENT ORIENTALS 



O „ 
<< <D 
co O 

o bo 

03 o> 

bx) 

. c 

O T3 

OS 



3 



a 
o 
to 

£ 

o 



G 
O 

ti 

G 

3 

cc 

03 



G 

o 



03 
O 



lO 



CT5 



t*< 



CO 
CM 



zo 



00 



CO 



to 



• • 



^o 



CM 



CO 



• lO ^ 00 

• OO T— I 



CO 
t- I 



bfl 

G 



< 
K 
Ed 



to 

o 
o 

c: 
X 

w 



•O O 
A O t» = 
^O « G^i 





. 


<y? 


CQ 


O 


& 


Sh 




bo 


03 


£; 


O 




H 



CMWCMCi 



lO CO 



CO CO 



oo 



01 oi cm t>- 

HCN^C 



CO 
CO 



— 
CO 



CQ 

G 
03 

03 



-p 
o 



Cfi^H 



OO iO 

oo t>- 



^ CO 



CO 



CO 

-co 



CM 

CO 



a> 

CC 

G 

3 

o 



CO 

o 



Tfl OO Tt< 

t— I CM 



OS 
OO 



tH OO CO CO 



lO 



G 

o 

03 
g 

o 



72 

d S 

d o 

° S. 
O g 



72 

a; 



75 

> 



I 

a3 
Jh 
cd 

ft 
o 

CD 
d 



as 
u 
"43 cd 

a3 ft 

Sh o 
cd 

ft a; 

o d ^3 



> 



in 

^ 72 
CU r-A 



72 
O 



d 



S 03 



s 



i 

o3 

a; 
ft 
o 



75 CD 
5? d 

^ *d 

ft d 
O N 



So 



in 
CD 

ft 

n 

oouu 



T3 

as cd ft o 



"d 

d 

OJ V3 






CD 



cd 
d 



d 

o 



T3 

d 

03 



72 
CD 



I 

03 
U 

ft 
O 

a; 
d 



cd 

• I— I 

o 

CD 

ft 

72 

U 

CD 



72 


» * 


CD 


• 72 


> 


. CD 


fH 


. > 


03 




!h 


• 03 


CD 


• U 


ft 


• o 


O ' 


ft 



CD 72 w 

a cd p-4 

CD CD 22 

cd ft S 
o 



I 

03 
i- 

CD 

ft 

o 

72 

u 
o 



03 



&C_- 



72 

CD 



a 

CD 

ft 

72 



^ 5 

- 03 



Ti CD 



72 

CD 
> 



o ? rd 



03 



03 
O 

H 



MINING 217 

commission five per cent of the wages of the men. They 
were first employed in 1908 to replace Greeks who were on 
strike for higher wages. They were confined to "general 
labor," for they had had no previous experience in the 
industry, and at the time of the investigation they were still 
paid less than the Greeks for the same kind of work. 9 

There were more than twice as many Japanese 
engaged in mining in 1910 as in 1920 as shown by the 
latest census figures tabulated above. 

It will be noted in the foregoing figures for the 
United States, that the Chinese and the Japanese are 
listed separately, but that in the figures by states 
these races are included under the one heading "Col- 
ored Races Not Including Negroes." Inquiries to the 
California State Bureau of Mines and other trust- 
worthy sources have failed to provide more detailed 
information. 



9 Report, U.S. Immigration Commission, "Immigrants in Indus- 
tries," Vol. I, Part 25, pp. 55-56. 



CHAPTER X 

FISHING AND HUNTING 

The occupations and diversions of fishing and 
hunting are given a special statutory classification 
because these preserves are vested, proprietary in- 
terests of the state; furthermore they are commonly 
administered by the same official body, such as the 
California Fish and Game Commission. The laws of 
the different states are well defined and surprisingly 
uniform. 

RESTRICTIONS THROUGHOUT THE UNITED STATES 

It is a well-settled principle of law that an alien 
has no right entitling him to fish or hunt against the 
will of the state, 1 so a state may either exclude aliens 
from hunting or fishing privileges within the state or 
put them on a higher license tax for the same, 2 and 
commonly does so. 3 

Thus, New York requires a special license of aliens 
to hunt and trap in the state and provides among 
other things for the forfeiture of firearms as a pen- 
alty for breach of the law. 4 Pennsylvania prohibits 
aliens from killing wild game in the state except in 
defense of person and property, 5 a law held constitu- 
tional and not in violation of the treaty with Italy. 

Wyoming requires a special license of twenty-five 
dollars of all non-resident aliens to hunt or fish in 

i 1 Cal. Juris.; 919 Par. 18; 2 Fed. 733. 

2 161 Mich. 624; 33 R.I. 211; 123 Term. 654. 

s 130 N.Y. 455; 174 Mass. 29; 45 L.R.A. 475. 

4 1923 Laws of New York, pp. 140-141. 

s Pa. Laws, 1909, No. 261, p. 466; Patsone vs. Pennsylvania 
(1914) 232 U.S. 138. 

218 



FISHING AND HUNTING 219 

the state; 6 and to curtail hunting, the Wyoming Stat- 
utes of 1925 make it a misdemeanor for any alien to 
carry any deadly weapon without a license. Likewise 
no alien can hunt game in New Mexico at all or have 
in his possession any shotgun or rifle. 7 

Thus the power of the state to require special li- 
censes, or to prohibit aliens to hunt or fish within its 
boundaries is well recognized and quite generally 
practiced in all sections of the United States. Even 
the federal government has seen fit to adopt some 
restrictions along the same lines. For example, fish- 
ing by aliens in Alaskan waters except with rod, 
spear, or gaff, is prohibited. 8 

Naturallv the three Pacific Coast states, with their 
important rivers and long coast line, have valuable 
resources which thev are anxious to conserve and 
regulate. Oregon and Washington have mutual in- 
terests due to the Columbia River fisheries, while 
California is more concerned with sea products. 

OREGON LAWS 

In 1913, Oregon made it unlawful for any alien 
who has not declared his intention to become a citi- 
zen of the United States to hunt or fish in the waters 
of the state, without first getting a hunter's or angler's 
license; and to acquire the same, the alien must first 
obtain a gun license, and this latter costs twenty-five 
dollars. It is also provided that it is unlawful to have 
any shotgun or rifle in his possession in the field, 
camp tent, etc., unless he has obtained the above- 
mentioned gun license. 9 This requirement as to li- 
censes is more stringent than the one applied to 
citizens. After this law was passed, Oregon also 

c> Comp. Stats. Wyo., par. 3294. 

7 Laws, 1921, p. 202. 

s Act of June 14, 1906, 34 U.S. Stats, at L. 263, chap. 3299. 

o Ore. Laws, 1913, ch. 232, par. 28. 



220 RESIDENT ORIENTALS 

entered into a compact with the state of Washington, 
ratified by Act of Congress of April 8, 1918, providing 
that no license to fish in the Columbia River be 
granted by either state to any alien who has not de- 
clared his intention to become a citizen of the United 
States. 

Then, in 1919, Oregon passed an amendment pro- 
viding as follows: "No license for taking or catching 
salmon or other food or shell fish, required by the 
laws of the state, shall be issued to any person who is 
not a citizen of the United States and who has not 
been an actual resident of the state for one year ac- 
tually preceding the application of (for) such license, 
nor shall any license be issued to a corporation un- 
less it is authorized to do business in this state." 10 The 
result of this last law is that no alien, declarant or 
otherwise, can obtain a license to fish in the waters of 
the state of Oregon. 

WASHINGTON LAWS 

In 1915, Washington enacted the following law: 
"It shall be unlawful for any person to fish or take 
for sale or profit any salmon or other food or shell 
fish in any of the rivers or waters of this state, or over 
which it has concurrent jurisdiction, in civil, and 
criminal cases, unless such person be a citizen of the 
United States or has declared his intention to become 
such and is and has been for twelve months actuallv 
prior to the time he engages in such business an ac- 
tual resident of this state or an adjoining state; but 
this section shall not apply to Indians. 11 

The same provision was re-enacted in the Fish and 
Game Laws of 1917 12 and again in 1921. 13 This pro- 

io Ore. Laws, 1919, par. 527. 

11 Wash. Laws, 1915, p. 82. 

12 Laws, 1917, p. 798. 

13 Laws, 1921, p. 712. 



FISHING AND HUNTING 221 

vision, together with the compact with Oregon as to 
fishing in the Columbia River, makes up the laws of 
Washington controlling the state hunting and fishing. 
No one is better qualified than Mr. Miller Freeman 
to narrate the history and significance of the fisheries 
of the Pacific Northwest, for, aside from his long 
residence on the Coast and his ownership of leading 
trade journals such as the Pacific Fisherman and the 
Western Canner and Packer, in the state of Wash- 
ington he has been a conspicuous opponent of 
Japanese economic penetration. Two letters to the 
writer, written in April, 1927, are interesting and 
valuable, one of which reads: 

In 1905 a delegation of fishermen visited the office of the 
Pacific Fisherman in order to determine what course should 
be taken against fishing vessels from Japan invading the 
waters of Alaska and engaged in the catching of salmon in 
competition with them. I drew up an informal memo- 
randum, which they signed and forwarded to the Department 
of State and the Department of Commerce. Two gun boats 
were ordered up to Alaska by President Roosevelt, the vessels 
seized, and the Japanese deported. The Bureau of Fisheries 
then established regulations depriving aliens ineligible to 
citizenship of the right to fish in Alaska waters. Like meas- 
ures in effect were later passed in the states of Washington 
and Oregon. 

British Columbia being subject to the Imperial policies 
and influenced by the Anglo-Japanese alliance undertook no 
action, the result being that the fisheries of the Province fell 
largely into the hands of Japanese. 

The commercial fisheries of California did not assume a 
scale of magnitude until a comparatively recent period, and 
particularly during the war, owing to the demand for food 
supplies, the Japanese fishermen were generally employed by 
the canning companies. No effort was made to forestall their 
invasion in California until after the war, when they had 
become so strongly intrenched and the canners dependent 
on them. 

On the entrance of this country in the World War the 
writer was assigned by the Commandant of the Thirteenth 
Naval District to make a survey of all vessels in the district 



222 RESIDENT ORIENTALS 

including the crews. It was found that 75 per cent of the 
fishermen were aliens of various European countries and not 
available for defense. 

At the end of the war the writer appeared before the com- 
mittee of the legislature of the state of Washington urging 
that the law be amended to require those engaged in fishing 
operations to become citizens. 

While the members of your body are now dispassionately 
examining the situation and considering what may best be 
done, it is exceedingly unfortunate that the Department of 
State of the United States was for many years so weak, va- 
cillating, and incompetent that it never at any time demon- 
strated its abilities to deal with this question in a broad- 
gauged way in behalf of this nation or for the benefit of 
future generations not only of this but of all other countries 
concerned. 

If the federal government had continued to pursue the 
vigorous policy in dealing with this question as initiated by 
Theodore Roosevelt in 1905 it would not have been necessary 
for citizens such as the writer to urge the alternative of 
action by the states — but the truth of the matter is that, while 
the State Department vigorously protested everything we did 
to eliminate the alien menace, it did not inaugurate any 
policy or take any responsibility itself in the matter. 14 

The other, quoted in part, states : 

. ... as to the need of legislation making it unlawful for 
aliens to fish in waters of this state : In the opinion of many 
people of this state interested in the fisheries, there was 
somewiiat urgent need of these provisions. I believe there 
never have been any Japanese engaged in commercial fishing 
in this state, and they of course were barred under the older 
of the law^s mentioned, being ineligible to citizenship. While 
it has always been felt that their exclusion was desirable for 
many reasons, I do not believe this was the principal reason 
for this legislation. 

As for aliens in general, it is considered important to 
reserve the fisheries as far as possible for our own citizens, 
in view of the importance of this industry as a training- 
ground for a seagoing population and about the only remain- 
ing means of fostering the traditions of maritime effort, 
which w r ere such an important factor in the early history 

i4 San Francisco, April 27, 1927. 



i 



FISHING AND HUNTING 223 

. 

of this country. Further, fishermen in the course of their 
work acquire a knowledge of our coast line and conditions of 
navigation even more intimate than that possessed by our 
Navy. The possession of such knowledge by aliens in time 
of war would be a tremendous disadvantage; and hostile fish- 
ermen would be in a position to do enormous damage at 
such a time. 

Considerations of competition and conservation also un- 
doubtedly had a bearing on the passage of these laws, espe- 
cially that of 1921. A very large fleet of purse-seine vessels 
was being built up, almost entirely by Dalmatians, few of 
whom showed any disposition to become naturalized. Many 
failed to get their first papers until compelled to do so, or 
afterward to complete their naturalization. There was also 
a widespread impression that they were a destructive ele- 
ment in the fishery. For many reasons the purse-seine was 
regarded as a destructive form of gear as used for salmon 
fishing in these w r aters; and while it did not seem desirable 
to prohibit this form of gear entirely, hostility to it undoubt- 
edly had some bearing on the legislation mentioned. At the 
same time, similar action was taken by Oregon, largely on 
account of the large number of Finns in the Columbia River 
gill-net fishery, who showed little disposition to assimilate or 
become naturalized, and who showed a strong disposition 
toward radicalism. They accordingly aroused considerable 
hostility, although gill-netting is not considered a particu- 
larly destructive method of fishing. 

As a result of the earlier law, the Dalmatian, Scandina- 
vian, and other foreign fishermen working in Washington 
state waters tfound it necessary to take out first papers, but 
as above mentioned, many took no further steps to complete 
their naturalization until the passage of the later act, when 
there was quite a rush to do so among the Dalmatians on 
Puget Sound and the Finns at Astoria, and considerable ef- 
fort was put forth in some quarters to coach the fishermen 
so that they could pass the tests required. On the whole, 
there seemed to be very little desire to drive out such aliens 
already in the business as showed a bona fide disposition to 
become Americans, and no serious friction over the matter 
came to my attention. I believe most of the aliens who 
were fishing in these waters prior to that time have become 
naturalized. 

The increased time required and other difficulties en- 
countered by immigrants desiring to fish seem, however to 



224 RESIDENT ORIENTALS 

have shut off a good-sized stream of immigration — largely 
Dalmatian, and possibly also applying to some extent to 
Scandinavians, Finns, and other Europeans. In some cases, 
I am informed, Dalmatian boat-owners who had relied on 
immigration to recruit their crews have retired from the 
industry; although I have not noticed that the purse-seine 
fleet has appreciably diminished, and there is considerable 
new activity this year. Our fishermen are now, of course, 
American citizens; and while possibly the majority of them 
are of foreign birth or extraction, I believe the present re- 
quirements have resulted in more effort toward assimilation 
as real Americans and less looking back to the "old coun- 
try." 15 

CALIFORNIA LAW'S 

In 1880, California passed a statute prohibiting 
aliens from fishing in the waters of the state, but the 
act was so worded as to be clearly intended to apply 
to Chinese alone and not to all aliens equally. 16 Con- 
sequently, the act was declared unconstitutional* as 
denying the equal protection of the law as guaranteed 
in the Fourteenth Amendment to the Constitution of 
the United States, and also as being in violation of the 
existing treaty with China, according subjects of the 
Chinese government the same privileges and exemp- 
tions as are enjoyed by citizens or subjects of the 
most favored nations. 17 

The unconstitutionality of this law, as passed upon 
by the Court, was not in forbidding aliens to fish in 
the waters of the state, but rather in unreasonably 
restricting the prohibited class to Chinese aliens 
alone. 

In short, there are no game laws in Washington, 
Oregon, or California which single out the Oriental. 
In the two first-named states, the passage of the usual 

is Seattle, April 4, 1927. 

i6 Act 255 Stats. 1880, p. 123. 

" 5 Pac. C.L.J. 451; 2 Fed. 733. 



FISHING AND HUNTING 225 

denying-rights-to-aliens laws was merely following 
the earlier practice of other American states. In 
every respect, California is as liberal as any state and 
far more liberal than most of them; this is especially 
true with reference to the Japanese. 

While these laws discriminating against aliens in 
nearly all American states are an inconvenience to 
all aliens, yet to Orientals they constitute a complete 
bar. All that Dalmatian fishermen, for instance, need 
to do in order to obtain fishing rights, is to take out 
citizenship papers; but the Japanese have no such 
recourse, since thev cannot become citizens. If such 
a law were passed in California, it would mean utter 
ruin to the Japanese fishermen. 

NUMBER OF ORIENTAL FISHERMEN 

'We have no Chinese or Japanese members in this 
organization," writes Secretary Peter E. Olsen of the 
Alaska Fishermen's Union, May 27, 1927. "The mem- 
bers of this organization must be citizens, or must 
have declared their intention to become American 
citizens; papers to this effect must be shown when 
joining this union. There are practically no Chinese 
or Japanese fishermen in the Alaska fishing industry. 
There are, however, a number of Chinese and Japa- 
nese employed to work in the salmon canneries in 
Alaska. In former years, there were a great number 
of these people employed in the salmon canneries in 
Alaska, but in the later years the Mexican and Fili- 
pino natives have taken their places. There are a 
number of Japanese fishermen on the Pacific Coast. 
They are located in British Columbia, in southern 
California, and a few in southeastern Alaska, but 
none of these fishermen are members of any of the 
several fishermen's unions for the same reason as 
mentioned above in this letter." 



22() RESIDENT ORIENTALS 

The 1920 census figures for Japanese fishermen is 
low, only 792 for the whole United States; vet this 
number is 1.4 per cent of the total number so engaged 
in the United States. The same census records 101 
Chinese. In British Columbia in 1923, out of 3,957 
salmon gill-net licenses issued, 1,193 were to Japa- 
nese, also one-sixth of the salmon trolling licenses, 
over half the boat licenses, and one-seventh of the 
buyers' licenses. Major Motherwell, Chief Inspector 
of Fisheries, remarked in his annual report for 1925: 

The Department's policy of eliminating the Oriental from 
the fisheries of the Province with a view to placing the entire 
industry in the hands of white British subjects and Canadian 
Indians appears to be working out well, as is shown by at- 
tached statements, which cover a very large proportion of 
the total number of licenses issued which Orientals were 
permitted to hold. In the salmon gill-net operations-the Ori- 
entals during the year 1925 held only 24 per cent and in the 
salmon-trolling 10.5 per cent of the total number issued in 
the Province. 

In the herring-drysalting operations a further reduction 
of 25 per cent was made during the year, making a total of 
50 per cent, and in the case of salmon dry-salting, a first 
reduction of 25 per cent went into effect, and it is the inten- 
tion to continue this percentage each year until these indus- 
tries are entirely in the hands of whites or Canadian Indians. 

CALIFORNIA FISHERIES 

In California the fishing industry is concentrated 
at the coast ports of Monterey, San Diego, and San 
Pedro. The nativity of licensed commercial fisher- 
men, the large strides made by the Japanese during 
the World War with some decline since then, a sta- 
tionary figure for Italians, a high percentage gain for 
Austrians, and a strong showing for the American- 
born, are disclosed in Table I. 

Features of Japanese activity at these three chief 
fishing ports, wdth reference to kind of fishing, fishing 






FISHING AND HUNTING 227 

TABLE I 

Nativity of Commercial Fishermen Licensed in California 



Nativity 1915-16 1919-20 1922-23 1925-26 



Austria 67 

China 46 

Denmark 41 

Germany 58 

Greece 184 

jltaly : 1,310 

Japan 491 

Norway 44 

Portugal 152 

Russia 82 

Sweden 54 

United States 1,094 

Others 135 



288 


326 


265 


32 


32 


24 


43 


48 


51 


58 


47 


49 


137 


80 


79 


1,227 


1,034 


1,327 


1,287 


978 


1,081 


50 


71 


74 


108 


168 


185 


43 


54 


66 


56 


60 


78 


1,482 


1,145 


1,264 


276 


429 


529 



Totals 3,758 5,087 4,472 5,072 

season, crew 18 and number of boats operated, com- 
piled for me by one of my field agents in 1927, follow. 
In the Monterey district there are, during a season 
lasting from April until July 15, twenty-five boats 
operated by Japanese employed in salmon fishing. 
The average income is $500 per man per season. 
After July 15 these fishermen leave for the north or 
south to fish albacore. There are six crews totaling 
fifty-five men employed in sardine fishing at this 
point over the period from June to March, with an 
average income of $1,500 per man for the season. 
The Monterey albacore industry runs from July 15 
to November, with twenty-five fishermen employed 
at an average seasonal income of $1,500 per man. 
As is the case with the information covering several 
kinds of fishing at San Pedro and San Diego, men- 

!8 Refer to accompanying charts. 



228 RESIDENT ORIENTALS 

tioned below, we do not have the figure for the! 
average salary in the Monterey abalone fishing in- 
dustry, in which six crews of Japanese are employed 
from May until January. 

The principal fishing by Japanese in the San Diego 
district is for sardine and albacore. Aside from the 
fact that the season for the former runs from June 
until March, no information is available. In albacore 
fishing during a season from June to November Japa- 
nese operate about 30 boats. The average income is 
$1,500 per man. 

At San Pedro there are, in the albacore fishing in- 
dustry during the period from June to November, 250 
boats operated by the same number of Japanese; in 
skipjack fishing, from June until November, 50 boats 
operated by 50 men; fishing yellowfin tuna, from June 
to November, 67 men operating the same number of 
boats; and a few men fishing bluefin tuna during the 
same season. 

Charts that depict the situation graphically are 
shown here. 

To Dr. N. B. Scofield, of the State Fish and Game 
Commission, in charge of Department of Commercial 
Fisheries, is due this lucid account of the present po- 
sition and importance of the Japanese in the Califor- 
nia fisheries: 

In regard to the importance of the Japanese in the Cali- 
fornia fishing industry, I would say that the Japanese gen- 
erally are very efficient fishermen; they are ingenious and 
resourceful, and work very hard, and for those reasons catch 
more fish than other nationalities fishing in California. 

Formerly, we had quite a number of Japanese fishing 
salmon, shad, and striped bass on the Sacramento and San 
Joaquin rivers. These Japanese have left that method of 
fishing for the more lucrative salmon trolling and sardine 
fishing at Monterey. At the present time, salmon have be- 
come rather scarce at Monterey, and I believe there are no 
Japanese engaged in salmon trolling at this time, nor have 



CHART IX 

Percentage of Japanese Fishermen to Total Number of 
Fishermen in Monterey, San Pedro, San Diego, 

1920-1926* 



6. 



100 



so 



80 



70 



60 



50"^ 



<*0 



30 





l<?20-»2l. I^2|-'2i. l««-'23. l^i-'Af-. hH"^. H£5 - *£k. 






in- 5«a ?<i-ro . 






* Data compiled from the Twenty-seventh Biennial Reports of Fish 
and Game Commission of California. 



CHART X 

Number of Fishermen in Monterey, San Pedro, San Diego, 
by Leading Nativity and by the Order of Their 

Number in 1926* 



© 



O loo too 3oo a+co 500 (,00 ~iOO fOQ 900 



>p JUpxr^e. 




MtAC 



* Data compiled from Twenty -ninth Biennial Report of the Fish and 
Game Commission of California. 



FISHING AND HUNTING ' 231 

there been for two or three years. The Japanese who fish at 
Monterey fish for sardine for the sardine canneries. 

In southern California, we had a number of Japanese 
fishermen ^prior to 1912. Beginning w T ith 1913, the tuna can- 
ning industry started in southern California, and all of the 
Japanese turned to tuna fishing. The principal species of 
tuna which is canned in southern California is the long- 
finned tuna, or albacore. This fish cannot be taken with nets 
and is caught only with hook and line. This fish had never 
been taken commercially in California prior to 1912 or 1913, 
and we had no fishermen in California who were skilled in 
taking the albacore in commercial quantities other than the 
Japanese, who had gained their experience in Japan. So, 
when the tuna industry began this development, the canners, 
in order to get a supply of fish for their canneries, built boats 
and turned them over to the fishermen, to be paid for out of 
their catch. These boats were taken up mainly by Japanese, 
and the number of Japanese in the fishery was increased 
greatly. The tuna industry grew until at one time over thirty 
million pounds of albacore were caught and delivered to the 
canneries in a season. There are a few fishermen of other 
nationalities who are as good fishermen as the Japanese, but 
generally speaking, the Japanese are the only ones who are 
able to deliver the quantity of albacore required by the can- 
ners. 

Under the threat of laws which would bar the Japanese 
from fishing, the canners have gradually closed up their 
deals with the Japanese w T hereby the Japanese were to pay 
for their boats on payments to be taken from money received 
for their fish. It was estimated that at one time the canners 
had about two million dollars tied up in these albacore boats. 
At that time there were about fourteen tuna canneries. 

During the past five years there has developed another 
method of albacore fishing, and that is what is known as the 
"jig method." The albacore have long been caught by trolling 
with a jig, or bone lure, and the Japanese fishermen, in lo- 
cating a school of albacore, always troll with a jig. When 
the price of albacore got up to $250 a ton, it was found that 
it paid fishermen with small boats to troll for the albacore 
with a jig. This method of fishing has grown until a consid- 
erable portion of the catch is made in that manner. I am un- 
able to state just what proportion of the catch is made by 
jig boats, but I would guess it is about one-third. 

If a law should be passed which would bar the Japanese 



21Y2 RESIDENT ORIENTALS 

from fishing, the tuna canners would not lose a great deal on 
their boats, which are now mostly owned by Japanese and 
other fishermen, but it would be a very severe blow to them 
for they would not be able to get enough albacore to run their 
canneries. While these canneries also operate on sardines, 
their money is mainly made on albacore. 19 

In "Our New Racial Problem," published by the 
Sacramento Bee under the initiative of Mr. V. S. Mc- 
Clatchy, is a statement which the writer has not 
seen answered. 

The Japanese in Fisheries 

The Japanese have invaded and taken practical control 
of some of the important fisheries of the state, as they have 
secured control of the various agricultural activities. In the 
southern part of California, it has been represented to the 
federal government that, in violation of the federal statutes, 
the greater portion of the fishing fleet centered about San 
Pedro is owned or manned by Japanese to the number of 
2,000 or more. 

Complaint has been made recently as to this situation, but 
it develops that, while the operation of these fishing boats by 
aliens is a clear violation of the federal statute, through a 
curious omission in the law, there is no penalty provided 
under which the law can be enforced. 

This matter has been called to the attention of the Admin- 
istration, and of the House Committee on Merchant Marine 
and Fisheries, through Hon. C. F. Curry, from California, and 
in a bill introduced by Chairman Green of the committee 
named, House Resolution 12102, there has been inserted a 
provision, Section 5, which it is assumed will remedy the 
the defect in the law. This section provides a penalty of $500 
at every port of arrival for any vessel engaged in the Ameri- 
can fisheries and not documented as a vessel of the United 
States, it being understood that vessels owned or manned by 
aliens cannot be so documented. 

The state of Washington has protected itself against a 
similar situation by passing a law under the provisions of 
which vessels engaged in the fisheries within the state's 
jurisdiction must be owned and manned by those who are 

i9 Letter to writer dated San Francisco, Maj^ 10, 1927. 



FISHING AND HUNTING 233 

citizens of the United States, or who have declared their 
intention to become such. 

To leave the fisheries in practical control of the Japanese 
creates a very serious situation : First, they assist materially 
in smuggling Japanese into California from Mexico. Second, 
they place in the hands of aliens an adjunct to the Navy 
which was found most valuable to Great Britain in the recent 
war. Third, the fisheries in the Territory of Hawaii are an 
absolute Japanese monopoly, and in the event of war with 
Japan, the sampans and power boats of the Japanese, which 
are sea-going vessels, could very easily secure from Japanese 
cruisers or transports arms and munitions and land them on 
the coast of Oahu, the principal island, on which are located 
our defenses, and therewith arm the Japanese population, 
the greater portion of whose adult male members are trained 
soldiers. 20 

Relative to the unenforced fishing statute, the 
writer received this information from Dr. Scofield on 
May 19, 1927: 

I have never seen the statute relative to aliens operating 
boats out of United States ports and I cannot give you the 
reference. This question came up in connection with our 
International Fisheries Treaty, United States and Mexico, and 
in reply to my question, United States Commissioner of Fish- 
eries, Mr. O'Malley, told me that he had been informed at 
Washington, D.C., by the proper official that the law requir- 
ing that boats operating on the coast of the United States 
must be owned or captained by a citizen was not enforce- 
able for the reason that the statute provided no penalty. This 
I had also been told by the Custom House official at San 
Pedro. 

The section on "Fishing" in the State Board of 
Control Report gives further data on this statute, 
which is, moreover, unmentioned in the statement to 
the House Committee on Immigration and Naturali- 
zation by the Southern California Japanese Fisher- 
men's Association. 21 

20 Published in the Sacramento Bee, November, 1920. 

- 1 Hearings before House Committee on Immigration and Na- 
turalization, 1920, pp. 1475-1478. 



2M RESIDENT ORIENTALS 

The brief submitted by the Japanese Association 
includes a strong answer to what it singles out as the 
most commonly asserted charges, listed as follows: 

1. That there are at present in southern California more than 

3,000 Japanese fishermen, and that they are trying to 
drive out American fishermen. 

2. An assertion by Senator Phelan that 364 American fisher- 

men are being driven out by the Japanese. 

3. An assertion by Senator Phelan that the Japanese have 

entered into an agreement with the canners whereby only 
Japanese could be employed. 

4. That the Japanese fishermen are trying to monopolize the 

fishing industry and control the fresh-fish market. 

5. That in order to raise the price of fresh fish the Japanese 

fishermen wilfully throw away their catches and thus 
curtail the food supply. 

6. That Japanese fishermen catch fish with large nets around 

Gatalina Island; that this is a hatchery and prohibited 
ground; that this is an open violation of the state fish and 
game laws; that the result of this alleged violation will be 
the ultimate extinction of fish in that territory. 

7. That the Japanese fishing boats visit the Mexican coast and 

violate the custom and immigration laws by smuggling. 

FAILURE* TO PASS ANTI- JAPANESE LEGISLATION 

The success of the Japanese fishermen has resulted 
in the introduction of an anti-Japanese fishing act at 
practically every session, but it has never passed. The 
Italian competitors, it is reported, have been the chief 
forces behind the bills; the canners and the Japanese 
have successfully opposed. The Grizzly Bear, Cali- 
fornia organ of the Native Sons of the Golden West, 
lent its anti-Japanese leadership to this matter as 
may be noted by these accounts in the numbers for 
February and March 1927: 

There is now before the state legislature a bill designed 
to prevent aliens ineligible to citizenship, which includes 
Japs, from taking fish or shellfish from the waters of Califor- 
nia, for commercial purposes or for pleasure. 



• FISHING AND HUNTING 235 

A similar bill was before the legislature two years ago and 
was well on its way to enactment into law when a Jap 
lobby arrived at the scene of lawmaking. So, following a 
banquet, paid for, it w T as common report, by Jap dollars, that 
bill was defeated. 22 

As was expected, the Los Angeles Chamber of Commerce 
has gone on record as opposed to proposed state legislation 
designed to regulate fishing in California waters by aliens 
ineligible to citizenship. It fears that, should the measure be 
enacted into law, a few paltry dollars might be stricken from 
the city's trade total. 

Dollar-worship, without regard to where or how the dol- 
lar originates, prompts opposition to this measure, as well as 
to all legislation pertaining to the future welfare of Califor- 
nia — this land of Heaven's peculiar grace, a land of Nature's 
noblest race. 

The Assembly bill regulating fishing should be enacted 
into law, and then be rigidly enforced. But, unless the com- 
plexion of the 1927 legislature is directly opposite to that of 
the 1925 state lawmaking body, the white- and the yellow-Jap 
lobby will see that it is not passed. 23 

The bill failed again of passage but awakened 
again real sentiment in Japan. A press dispatch from 
Tokyo to the Coast papers reads: 

(By Radio to the Oregon Journal and the Chicago Daily News) 

Tokyo, Feb. 4. — An anti-fishing bill introduced into the 
California state legislature is becoming the basis for fresh 
anti-American propaganda among Japanese masses whose 
antagonism is easily aroused. 

Japanese newspapers charge that "America is trying to 
rob poor Japanese residents while Japan's attention is occu- 
pied in China." It is regarded as a portentous movement by 
outsiders to stir up sentiment which has been gradually sub- 
siding since the Exclusion Act was passed by Congress nearly 
three years ago. 

(Copyright, 1927, by Chicago Daily News Co.)- 4 

22 February, 1927. 

23 March, 1927. 

24 Portland, Oregon, Journal, February 4, 1927. 



236 RESIDENT ORIENTALS 

Coast interests are conscious of the enterprise, 
skill, and extent of the fishing industry in Japan with 
its over 80(),0()0 workers, many of them active in deep- 
sea operations along the northeastern Russian coast 
as well as in British Columbia. And in California 
they are patient, painstaking, clean fishermen, as 
shown in this testimony by an old-timer at San Pedro, 
an American well known as a veteran fisherman and 
buyer, who is reputed to have an excellent knowledge 
of the local conditions: 

The Japanese make the best fishermen of all; others can 
not compete with them, for they make fishing a study. When 
a Japanese goes into the game, he goes in with the idea of 
learning all that is to be known. He knows the currents, 
tides, temperature of the water, winds, etc., and the effect of 
each upon the fishj In my experience I have also learned that 
the Japanese have a keener eye for fishing than any other 
fishermen. 

The Japanese fishermen are more hardy and can stand 
up under a longer run than the fishermen of any other na- 
tionality. The reason for this is that when Austrians, Sla- 
vonics, Americans, or Italians run into a school they become 
so excited that they forget all about taking care of themselves, 
that is, eating and resting. But such is not the case with the 
Japanese — no school of fish, regardless of its size, kind of 
fish, or value, do they allow to influence them so that they 
lose control of themselves. They may be in the middle of a 
large school of fish, and if it is time for them to eat or sleep, 
they take turns eating and sleeping until each person has 
received his natural proportion of nourishment and rest. 
This fact makes it possible for the Japanese fishermen to 
stand up under that which breaks the fishermen of other 
nationalities. 

The Japanese are also the cleanest fishermen of all around 
their boats. While other people's boats are scaly and odor- 
ous, the Japanese boats are kept scrubbed and lack the un- 
pleasant odors that characterize fishermen's boats. 

Fishermen of other nationalities all respect the ability of 
the Japanese to always bring in a full catch in the shortest 
possible time. Just one of the many reasons for this fact lies 
in the fact that the Japanese have a very thorough code of 






FISHING AND HUNTING 2H7 

co-operation among themselves which they follow out. It 
a Japanese finds a school of fish, he lets his fellow Japanese 
in on the good news as soon as possible. While prosperous, 
they stick together, and when in trouble they do the same. 
This is one explanation for the great success of the Japanese 
fishermen. We know that this spirit of co-operation is nojt to 
be found among the fishermen of the other nationalities; on 
the other hand they are as quiet as possible about it when 
they run into a school of fish, and are ready if necessary to 
keep others from joining in on the good luck. They also de- 
liver their fish in A-l shape to the cannery (002 S.R.R.) 



CHAPTER XI 

AGRICULTURE 

Fifty years ago, at least three out of every four 
farm laborers in California were Chinese; even ten 
years later, the State Labor Commissioner reported 
I hat seven out of every eight were Mongolian, but his 
estimate was undoubtedly too high. There were then 
almost no Japanese in the state, for it was not until 
1885 that the Imperial government sanctioned the 
emigration of her people. 

Twenty-five years ago the Chinese were still the 
most numerous and most efficient agriculturalists. 
They specialized in truck-raising near the larger 
cities. The Japanese were then coming to California 
in considerable numbers. The contrast in the immi- 
gration and emigration movements of Chinese and 
Japanese 1 explains partly why the Chinese were 
being supplanted by the Japanese in the raising of 
fruits and vegetables especially where the same 
back-bending, painstaking hand labor was necessary. 
But labor supply was not the only element. 

In 1920, according to the federal census, the Chi- 
nese were no longer serious competitors. As the fol- 
lowing figures show, very few of them had remained 
in agriculture. The explanation was not due to num- 
bers alone, 2 nor could it be explained by inability to 
compete, for the Chinese are given credit for being 
the best workers that the state has ever had. The 
age factor 3 was important, but even more so was the 

/ 

1 See General Tables 1 and 2. 

2 See General Tables 4, 5, and 16. 
s See General Tables 10 and 13. 

238 



AGRICULTURE 



239 



drift of the Chinese away from the farm and toward 
he city Chinatowns. The movement to urban corn- 
unities not only started but was almost completed 
efore the advent of the anti-alien land laws. Racial 
prejudice manifested itself in the cities largely, and 
was exceedingly mild there compared with the times 
|of Denis Kearney. It would appear that the gre- 
garious instinct of the Chinese overpowered their de- 
sire to make use of superior economic opportunities. 

The agricultural occupational statistics for Chi- 
nese and Japanese in 1920 are given in the table on 
]). 240. 

Statistics for the Japanese agricultural population 
under the jurisdiction of the Consulate-General at 
San Francisco, comprising northern and central Cali- 
fornia, Utah, Colorado, and Nevada, have been fur- 
nished by Consul-General Taketomi: 



:' 



Years 


Farmers 


Gardeners 


Poultry 

and 
Cattle- 
Raisers 


Other 

Farmers 

and Farm 

Laborers 


Total 


Male 


Fe- 
male 


Male 


Fe- 
male 


Male 


Fe- 
male 


Male 


Fe- 
male 


Male 


Female 


1920 

1921 

1922 

1923 

1924 

1925 


7,311 
6,722 
6,593 
6,654 
5,521 
5,101 


157 
304 
141 
117 

160 
290 


309 
512 
424 
168 
314 
322 


2 
5 
4 

4 
6 


69 
65 
70 
71 

27 
53 



6 

2 

1 


9,625 
8,934 
8,662 
9,678 
9,203 
9,275 


124 

710 
826 
302 
376 

808 


17,314 
16,233 
15,749 
16,571 
15,065 
14,751 


283 
1,025 
971 
421 
541 
1,105 



The present importance of the Oriental in agricul- 
ture, not only in California but throughout America, 
gives an exceedingly minor place to the Chinese. 
This happens because the first generation are few 
and past middle life, while the second generation 
seldom follow this calling, and when they do they 
are regarded as unsatisfactory. Omitting the Hindus, 
who number about 1,800 in California now, compared 



210 



RESIDENT ORIENTALS 



Agriculture, Forestry, and Animal Husbandry 


(U.S. Census, 1920) 










Chinese 


Japanese 


Occupation 










Male 


Female 


Male 


Female 


Dairy farmers, farmers, and 










stock raisers 


399 

(4) 


2 


4,204 
(141) 


27 
(2) 


Dairy farmers 


Farmers, general farms 


(389) 


(i) 


(4,035) 


(24) 


Stock raisers 


(6) 


(i) 


(28) 


(1) 


Dairy-farm, farm, and stock- 


farm laborers 


2,354 


14 


7,783 


689 


Dairy-farm laborers 


(2) 


.... 


(102) 


(21) 


Farm laborers (home farm) . 


(19) 


(3) 


(172) 


(178) 


Farm laborers (working out) 


(2,305) 


(11) 


(7,468) 


(470) 


Stock herders, drovers, and 










feeders 


(28) 


.... 


(41) 


.... 


Dairy-farm, farm, orchard, 


garden, etc., foremen 


49 


• • • • 


210. 


.... 


Dairy-farm foremen 




• * • • 


(3) 


.... 
.... 


Farm foremen, general farms 


(29) 


.... 


(120) 


Farm foremen, stock farms. . 


(2) 


• • * • 


(2) 




Garden and greenhouse fore- 








• 


men 


(11) 


* * • • 


(24) 


.... 


Orchard, nursery, etc., fore- 


men "'. 


(7) 
100 


• • • • 

1 


(61) 
773 


• • • • 

18 


Fishermen and oystermen 


Gardeners, florists, fruit grow- 










ers, and nurserymen .... 


636 


6 


4,573 


85 ! 


Florists 


(1) 


(1) 


(127) 


(2) 


Fruit growers 


(165) 

(453) 

(3) 


(1) 

(4) 

• • • • 


(1,676) 

(2,601) 
(21) 


(21) 
(61), 


Gardeners 


Landscape gardeners 


Nurserymen 


(14) 


• • • • 


(148) 


.... 


Garden, greenhouse, orchard, 








and nursery laborers.... 


1,432 


11 


5,999 


973 


Garden laborers 


(670) 

(2) 


(4) 


(2,772) 
(85) 


(598) 
(15) 


Greenhouse laborers . 


Orchard and nursery labor- 










ers 


(760) 
45 


(7) 
34 


(3,142) 
318 


(360) 
5 

1 , 797 


Miscellaneous 


§ 


Total 


5,015 


23,-860 



AGRICULTURE 



241 



to over twice this number six years ago, the few 
hundred Korean-born, and the Filipinos who are 
coming to the Coast by every boat, there remain the 
Japanese as by far the most prominent Asiatic people 
engaged in the leading industry of the Far West. 

How productive the California Japanese have 
been is shown bv Chart XI, from figures furnished bv 
the Japanese Agricultural Association, March, 1921 : 

CHART XI 



Percentages of Total 

{F/'gures Compiled March, 
Japanese^ 

Product 

Berries 

On/ons 

Asparagus 

Green Vegetables 

Ce/ery 

SugarSeets 

Cantaloupes 

Tomatoes 

Nursery and Seeds 

Pice 

Potatoes 

Grapes in bearing 

Beans 
Hops 

Com 

Fruits <3V7</ Mil s 
in bearing 

Cotton. 

/fay. OraznStc. 


Specified California C. 

/OQ7. by 

tgricuitural Assoc ia tion.) 
9 JO 


>ops Raised by. 


lap 


wese. 

9.0 


| ZeQ€>n<f 

m/IMPC 5? Japanese 
"[PC b* All Others 


















5 




78.8 


















65 4 




346 


















58 a 




41.2 










• 








53 5 


467 




















4/5 




Sb.S 




- 
















40.0 




60.0 




















39 




67.0 




















36 t 




63.5 












76.7 




i 


:< 3 


















■9: 






80S 
















?5 6 






844 
















i 


14 C 
70.5 






86.0 










' 










89.5 






■■ 










i 


6.8 






Q1.1 






H 










i 


6.S 






93.5 






■i 










i 


4.3 






95 7 






■ 












6.2 






9I& 






■i 










i 















212 



RESIDENT ORIENTALS 



Comparative Japanese acreage figures for Cali- 
fornia according to tvpe of farming have been com- 
piled for 1910, March, 1921, and 1925. 

Japanese Farm Acreage by Type of Farming in California, 

in 1910, March, 1921, and 1925* 



Type of Farming 



Asparagus 

Beans 

Potatoes 

Celery 

Tomatoes 

Onions 

Sugar beets .... 

Melons 

Green vegetables 

Berries 

Grapes 

Oranges 

All other fruits . 

Hops 

Corn 

Rice 

Hay and grains 

Cotton 

Seeds 

Nursery 

Husbandry .... 

Poultry 

Miscellaneous . . 
Vacant lots .... 

Total 



1910 



10,129 

14,440 

22,630 

3,978 

3,171 

4,058 

31,932 

• ••••• 

14,483 
4,530 

26,587 
122 

26,728 
3,335 



17,225 
630 

2,447 
821 

3,835 
364 

1,710 

1,309 



194,799 



March, 1921 



10,300 

40,000 

18,500 

3,000 

7,500 

9,500 

51,300 

12,000 

44,500 

6,100 

56,000 

• ••••• 

47,500 
1,260 
8,000 
37,830 
35,000 
13,000 
15,200 



416,490 



1925 



16,402 
30,794 
15,326 

2,963 

8,710 
10,771 

5,020 
17,129 
58,630 

5,500 
43,288 

46,780 
638 
463 

18,058 
8,455 

10,037 

10,402 

1,500 

2,600 
1,500 



304,966 



* Data from Statistical Reports of 
America in 1920, 1925, and the Japanese 
mented by personal investigation, 1927. 



the Japanese Association of 
Yearbooks, 1911, 1918, supple- 



Comparative figures for Japanese farm acreage 
according to ownership, lease, or working are given 
later in this chapter. 



AGRICULTURE 243 

JAPANESE AGRICULTURAL ASSOCIATION 

The Japanese Agricultural Association was or- 
ganized in January, 1915, for the betterment of con- 
ditions among the Japanese farmers in California 
through a systematic campaign of education. The 
Association co-operated with the Agricultural Ex- 
periment Stations of California and extended very 
good service to the Japanese farmers. It was in 1923 
that the Agricultural Association was affiliated with 
the Japanese Association of America. 

When one looks back upon the activities of the 
Agricultural Association during the nine years before 
their affiliation with the Japanese Association, one 
finds that it performed worth-while service both for 
the Japanese farmers and for the American land- 
owners. However, according to many of the Japanese, 
the Association probably put too much empha- 
sis on the technical side, and rather overlooked the 
importance of the economic side. As a natural con- 
sequence, the Japanese farmers in California show 
great skill in the productive lines, but they are ineffi- 
cient distributors of their farm products, even though 
the latter are almost entirely in specialized lines. 

In 1923, because of a decline in the Japanese agri- 
cultural enterprises in California under the revised 
alien land laws, many activities of the Association 
were abandoned, and as one of the divisions of the 
Japanese Association of America, the Agricultural 
Association started work in a verv limited field as 
well as with a limited budget. For these reasons, the 
Japanese Association of America became less active 
year by year, and faced financial difficulties also. 
Eventually, the Agricultural Department conducted 
technical service only. Finally, in June, 1926, the 
man who had charge of the department quit the 
work, and since June, 1926, the agricultural depart- 



211 RESIDENT ORIENTALS 

ment of the Japanese Association of America has 
been onlv nominal. 

A careful judgment regarding the practical activi- 
ties of this Association was prepared in May, 1927, 
by Mr. Tsutomu Obana, an agricultural economist 
who personally visited most of the Japanese com- 
munities in the state. His ratings, A, B, C, D, etc., 
are according to his opinion of the effectiveness of 
service rendered by the Agricultural Association, A 
representing the highest rating, and F the lowest. 

1. To be a faithful adviser of Japanese farmers in Cali- 
fornia, teach them American ideals, and promote the agri- 
cultural development of the state '. . . . A 

2. To organize farmers' associations in various localities 
for the co-operation necessary to promote their efficiency 
and interest A 

3. To promote wholesome home life and progressive 
ideas among the farmers, and to encourage frugality, indus- 
try, and economy among them D 

4. To disseminate the necessary knowledge for improve- 
ment of agricultural methods, and to encourage scientific 
farming B 

5. To study market conditions to improve the methods 
of packing, and to facilitate the shipping, transportation, 
and storage of agricultural products F 

6. To establish a rural credit system and to encourage 
the habit of saving F 

7. To assist farmers in the selection of land and in farm 
management, and to encourage the establishment of model 
farming communities . D 

8. To promote a better understanding between land- 
owners and tenants, and to protect their mutual interests 
concerning leases, rents, and contracts C 

9. To promote harmonious relations between Japanese 
farmers and commission merchants and cannery owners. .E 

10. To encourage farm laborers to become independent 
farmers and to train young men who desire to be farmers. .F 



AGRICULTURE 245 

11. To assist Japanese farmers in the improvement of 
their dwellings and camps, and in the selection of vocations 
for women, as well as of education for children F 

12. To furnish and establish wholesome recreation and 
amusements and to adopt such measures as may promote 
their health and improve the sanitary conditions of the 
rural communities C 

SOIL DETERIORATION 

An exceedingly important aspect of Oriental occu- 
pation of agricultural lands has been the repeated 
charge that they "mine" the soil. An explanation 
freelv offered has been that the short leases com- 
pelled by state laws naturally have been responsible 
for considerable deterioration in the soil (which is 
the basis of wealth). In reply to a letter, Dr. Macy H. 
Lapham, Soil Scientist of the United States Depart- 
ment of Agriculture, Berkeley, stated on May 9, 1927: 

Your inquiry suggests an interesting subject to which 
little attention or study has been given in California. We 
have undertaken no special studies of this character and I 
do not know that I shall be able to give you any specific 
information such as you desire. 

There is undoubtedly a general impression that short- 
term leases to Japanese have resulted in soil deterioration. 
I have frequently talked with American farmers who have 
expressed this opinion. Whether or not critical studies 
would substantiate this I do not know. 

I think we might pretty safely state that any system of 
short-term tenantry or leases is not conducive to soil im- 
provement or a permanent high state of productiveness. 

In the intensive cultivation of the Japanese vegetable and 
fruit growers under short-term leases, it is undoubtedly their 
purpose to get all that is possible out of the land in a limited 
period of time. I do not, however, know that soil deteriora- 
tion takes place more rapidly under such conditions when 
farmed by Japanese than when farmed by the Italians or 
other races, though doubtless the leasing of lands to Japanese 
is, in California, a much more prevalent and serious problem. 

I am inclined to believe the thorough and excellent cul- 
tivation given the land under Japanese farming, which 



246 RESIDENT ORIENTALS 

favors aeration and biologic processes promoting soil fer- 
tility, may in a large measure offset deterioration through 
removal of plant-food materials. 

Tpon the other hand, another factor in this study which 
may have come to your attention is the fact that lands leased 
to Japanese for intensive farming are usually the deep, pro- 
ductive alluvial lands of the stream valleys and of moder- 
ately heavy texture, in which evident decrease in fertility 
would be relatively slow of detection, though in time a 
cumulative effect might occur. 

The Japanese in Western agriculture is a broad 
subject, of which certain important phases are these: 

The general manager of a large fruit-distributing firm, 
referring to the Japanese, says that they are "the most in- 
dustrious people you ever saw. They can make money in a 
place w r here a white man would starve to death, because 
they generally have large families, and their wives and all 
the children go into the fields and work." 

Here is a leading reason for the pronounced feeling 
against the Japanese (in contrast with the Chinese who do 
not try to ascend the social ladder or attempt to compete 
with the American tenant farmer). "The original Japanese 
coming to California undoubtedly was the best class of labor 
that ever reached America. He was obedient, energetic, 
careful to the minutest detail," admits a leading Chamber 
of Commerce in an adverse report on the Orientals, adding, 
"If he could have been kept as a laborer, it would have been 
of great benefit to California." 

The agricultural products of California since the war 
have been valued at half a billion dollars — and another 
quarter of a billion dollars of value should be added for 
their local manufacture. The local farm products raised by 
Japanese increased from $6,000,000 in 1909 to '-$67,000,000 
in 1919; the Japanese yielding the largest amount in the case 
of green vegetables, fruits and nuts, grapes, potatoes, rice, 
and berries. It is noteworthy that they have a monopoly of 
that labor w T hich involves squatting, hard work, monotony, 
and drudgery. It is doubtful w T hether we care to have Ameri- 
cans do this kind of work, even assuming that they could 
compete economically. 

The great land question in California is whether to en- 
courage these intensive industries, mainly unsuited to Ameri- 



AGRICULTURE 247 

can standards of living, promote other crops perhaps less 
profitable to the land areas, or let the land lie fallow; whether 
to continue using the Oriental (if possible) or some other 
race, such as the Mexican or Filipino — fresh importations 
are apparently needed in any case — or to supplant them 
through the introduction of machinery. 

For some crops the most efficient substitute that could 
possibly be made for the Japanese seems to be the use of 
machinery. It has been found that women operating ma- 
chines in the fruit-packing houses can now pack a greater 
quantity with less expense than was previously done by 
expert Japanese hand packers. Thus at least one phase of 
the fruit industry has passed completely out of the hands of 
the Japanese. F. H. Rindge, a potato grower in the Delta 
region who last year had the world's record for production 
per acre, has had remarkable success with a potato-digging 
machine which supplants from fifteen to twenty Orientals. 
It is safe to assume that the future will see still greater ad- 
vances in this direction. 

The Oriental demands as high a wage as any laborer in 
the state; as a laborer he works the regular hours and is 
most effective on a piece-rate basis; when all rewards go to 
him he is inclined to work himself and his family as long 
as they can keep awake; he will do work that no one else 
seems willing to do, and do it very well. He has easy advan- 
tages over his competitors— be they laborers, tenants, or 
owners — because he is wonderfully well organized, never 
out of a job, and can live on far less income. The compe- 
tition, after all, is not fair to persons of a higher standard 
of living, yet it is a question how far actual competition 
within given agricultural pursuits may be said to exist. For 
with the passage and partial enforcement of the anti-alien 
land laws, the American tenant farmer (also usually an 
owner of some land which he cannot work) is no longer so 
vehement in the agitation in which he has been the true 
central figure. In fact, he wonders where will be the source 
of his labor supply. 4 

The Japanese are following the Chinese in be- 
coming scarce agricultural workers, but for different 
reasons; namely, their unwillingness to remain as 

4 Eliot G. Mears, "The Land, the Crops, and the Oriental," 
Survey Graphic, May, 1926. 



218 RESIDENT ORIENTALS 

laborers, their increasing difficulty in meeting the 
competition of Mexicans and Filipinos, and the ef- 
fects of the discriminatory land laws. Of the total 
farm products raised in California, the Japanese pro- 
duced 12.3 per cent ($58,213,000) in 1921, and 9.3 
per cent ($45,000,000) in 1925. See Chart XII. Of 
the Japanese in the state gainfully employed, those 
in agriculture dropped from 62 per cent (29,267) in 
1918 to 57 per cent (20,796) in 1925. 

In the process by which the small farmer was 
compelled to sell his own labor or the products 
thereof in more or less open competition, he encoun- 
tered a combination of efficient labor supported by 
individual skill and strong organization. The combi- 
nation of an expressed race prejudice by the Califor- 
nians and the individual helplessness of newcomers 
who did not understand or speak English intensified 
racial barriers, defined sharply social and economic 
boundaries, and, in proportion to the state of public 
opinion, unwittingly strengthened and solidified the 
racial and agricultural organizations with which 
the American landowner, superintendent, tenant, or 
business man dealt direct. Because of the difficulty 
of finding tenants or the labor type needed, the rural 
pioneer was pleased to secure the high rents or 
skilled services of Asiatics, but he soon appreciated 
that these practices, together with the birth-rates of 
the first generation, presented a social problem which 
stirred up speedy resentment. White settlers moved 
away, the complexion of whole communities changed, 
and school and community problems came to the 
fore. 

"What the laborers get depends in no direct way 
on what they spend or on their standard of expendi- 
ture. It depends upon their numbers as one factor; 
and the standard of living has an effect upon their 



AGRICULTURE 



249 



CIJART XII 

Value of Japanese Farm Products Compared with Total 
California Products in 1909, 1914, 1919, 1921, 1925 







V<*\KtB ef -fer^l 




V* 


[u6 of ;3*«.p*na-$fi 


' 






^I.YoiThiA. frtfJwct^ 


fArpi pro4.uctb 




Too 

d 00 

500 

4oo 

300 

_too 
3 

c 

a 
vT 

"T> (00 

ti 

O 

F~ 

-< 










t 












7 








0/ 

7 






4 




V 

# - 




' 


















H*"" ,, 


_ _ «— "^ ' 




»— — — 


( _P>t'*lu£.t< 


'■— , _ 


*<\ 


I 


i^e i w« 


£5 



wages only in so far as it has an effect upon their 
numbers." This quotation from Taussig's Principles 



250 RESIDENT ORIENTALS 

of Economics is exceedingly well illustrated in the 
case of the Japanese who drove out the earlier im- 
migrants, first, by accepting lower wages, then, by 
furnishing fresh labor supply by propagation. The 
proportion of women among the Chinese in Cali- 
fornia has always been very small; also, by prefer- 
ence, as has been stated, there was an early forsak- 
ing of rural life for city Chinatowns. In addition to 
benefiting from the working out of this natural law, 
it should be added that the Asiatics quickly received 
wages as high as, or higher than, any other people, a 
compensation merited fairly on the basis of service 
rendered. A California orchardist of long experi- 
ence, an official of a great farm organization, epito- 
mized the situation to the writer in these words, 
"He is a commodity, he is not cheap labor, but he 
finishes his job." Furthermore, the Orientals ac- 
quired that marked financial advantage reflected in 
their ability to outbid others in leasing or purchas- 
ing land, and even in borrowing money on more 
favorable terms since bankers regarded them as 
better risks. There was also the steadily decreasing 
yet real margins between the money expenditures of 
the earlier and later arrivals, respectively. 

Never to be overlooked in the battle of standards 
is the wonderful capacity of the Japanese for disci- 
pline and organization. The farmer is spared the 
time, annoyance, and frequently disastrous results 
in hiring workers for a few days at a time and indi- 
vidually, since it is possible to make all such arrange- 
ments with a single racial contractor who receives a 
stated sum agreed upon in advance to cover wages, 
board, and usually camps and living quarters. Under 
these conditions of employment the Oriental has two 
marked advantages over all others, in that, despite 
the irregular laboring periods, he is always able to 






AGRICULTURE 251 

find work; furthermore, his presence involves a mini- 
mum outlay for the employer in connection with 
buildings, conveniences, and recreation. Then, too, 
it has been a fairly common practice among Japa- 
nese farm laborers to stake one of their number, at 
the rate of several dollars a month, in promising 
agricultural ventures which may extend through 
market distribution. Their co-operative action is a 
mighty factor in offsetting education, knowledge of 
soils, machinery, markets, and familiarity with Eng- 
lish, possessed by other farmers. 

In the natural course of events, it is likely that 
Orientals would have acquired rather rapid control 
of the small land holdings and eventually would 
have overbid others in respect to large holdings; 
but four causes, one of their choosing, intervened. 
These were the disappearance of the Chinese from 
agriculture, the pressure of public opinion which 
sprang up among the non-Asiatic tenant farmers, the 
state land laws, and the exclusion acts. In short, 
social and economic restrictions had been raised in 
the case of Orientals already here; while the federal 
government, by heavily restricting immigration from 
Europe as well as Asia, has greatly improved the 
economic condition of those already here. But the 
federal laws allow Filipinos to come to the main- 
land as freely as citizens, and the quota is not applied 
to Mexicans. 

During the past five years the Japanese have been 
replaced by the Mexicans to a startling extent. This 
change has been due less to the lower wages accepted 
than to the alien land laws directed against aliens- 
ineligible-to-citizenship (the Mexicans are classed as 
"white"), the necessity of providing for a large num- 
ber of children born during their first few years in 
America, and the Americanization of the entire f am- 



252 RESIDENT ORIENTALS 

ilv. At the present time, certainly the Chinese and 
Japanese are reckoned much more efficient workers 
than the Mexicans, and, despite their far higher wage 
demands, they would be preferred by the majority 
of employers- -yet, for reasons already stated in this 
article, they are not available. 

Keeping constantly in mind that anti-Oriental leg- 
islation and prejudice are an integral part of this 
case history, it is fair to state that a lower standard 
of living has undoubtedly resulted in more produc- 
tion; yet Oriental industry has been a factor which 
cannot be left out even in the appraisement of stand- 
ard of living per se. Secondly, considering this same 
background, it does not appear that a lower standard 
of living taken by itself has been sufficient to force 
out those with a higher standard of living: occupa- 
tional preference has been too inherent a force. 

Therefore, the writer's general conclusions are 
that, (1) irregularity of employment due to short, 
overlapping work periods in California related to a 
variety of products has raised the general agricul- 
tural wage level; (2) the Asiatics have specialized in 
growing crops and products which require such irk- 
some work that they have very little competition, 
hence they have had a virtual labor monopoly and 
could command high wages; (3) their efficiency has 
been so high that the wage scale has not been deemed 
exorbitant; (4) there has been no correlation between 
rate of income and rate of expenditure; and (5) the 
functioning of racial organizations, together with a 
highly developed spirit of personal co-operation in- 
cluding an inbred obedience to discipline, have been 
of immeasurable economic value to these aliens. Nor 
should we forget that the local race prejudice, di- 
rected not so much against individuals as against 
fears of large alien colonies, has been concerned with 



AGRICULTURE 253 

the later status of tenant and owner and not that of 
farm or ranch hand. In short, political acts have 
thwarted the natural operation of economic laws. 

ENFORCEMENT OF THE CALIFORNIA LAND LAWS 1 

It cannot be denied that over the state there is a 
general lack of enforcement of the combined acts of 
1913, 1920, and 1923. The law denying to aliens- 
ineligible-to-citizenship the right to own, lease, or 
operate on a cash or crop-share basis, is plain. The 
Supreme Court of the United States has affirmed its 
constitutionality. The Attorney-General of the state, 
a member of the Joint Immigration Committee, is 
strict in his rulings and his position has been made 
clear. There would seem to be good reason to expect, 
therefore, that the violations would be few. 

What has happened is that, acting upon the ad- 
vice of able counsel, prior to the operation of the 
1920 act, a good many land corporations were formed 
in which Orientals have a substantial but minor in- 
terest; also, title is sometimes taken out in the name 
of an American-born child; sometimes, straight 
wages are supplemented by gifts or special arrange- 
ments; or regular wages may be scaled to the desired 
level, while the ineligible alien occupies a position in 
fact but not in theory equivalent to that of tenant or 
operator. 

The situation is that a certain class of seasonal, 
migratory hand labor, admirably supplied by the 
Chinese and then by the Japanese, is badly needed 
by the rancher, who strongly objects as a matter of 
principle as well as business to this uneconomic 

5 The history, text, and interpretation of the California acts 
are given in Select Document I and in the chapter on "Propertj' 
Rights." 



254 RESIDENT ORIENTALS 

thrust on top of his other difficulties as a producer 
and seller. Under the system of county politics, the 
local district attorney is responsible for initiating 
actions in alleged violation of these statutes. The 
farmer — rancher, as he is usually called in California 
-has great influence in state affairs. Thus, when a 
community is predominantly favorable to this type 
of labor, infringements usually pass unnoticed. Fre- 
quently, the community residents would prefer Euro- 
peans to Asiatics, except for the loss they would 
suffer personally in substituting a probably less ef- 
ficient lot of workers and poorer spenders. Whether 
or not there is an actual labor shortage at the present 
time is problematical; but it is certain that satisfac- 
tory labor cannot be procured on the former terms 
and with the former working conditions. It. is this 
transition which seems hard to the rancher, whose 
margin of profit is certainly not large. 

Figures from Japanese sources indicate the degree 
to which the California land laws are being enforced. 
The total acreage in 1925 is equivalent to that of 
1914; the amount owned is considerably greater in 
the former year, but far less than in 1920, to be ac- 
counted for mainly because heavy purchases at 1920 
prices proved unprofitable; the amount under lease 
is dropping off rapidly but is still large; while com- 
bined share and crop acreage has increased two- 
thirds since 1914 and is little below the 1920 figure. 
The results are graphically depicted in the following 
table and in Chart XIII (p. 256). 

Comparative figures for 1923 and 1925 for northern 
and central California also issued by the Consulate- 
General of Japan, San Francisco, January 31, 1927, 
show an acreage decrease of Japanese farm lands 
from 235,348 in 1923 to 217,988 in 1925; while the 
farms owned declined from 55,923 to 38,918 acres, 



AGRICULTURE 



255 



Farm Acreage and Percentage of Acreage of the Japanese 

ry Forms of Tenure in California, in 1910, 

1914, 1920, 1922, and 1925* 



Year 


Total 


1910 

1914 

1920 

1922,,. . 
1925, .. . 


194,799 
300,474 
458,056 
330,653 
304,966 



Owned 



17,035 

ol,828 
74,769 
50,542 

41,898 



( 9%) 
(10%) 
(16%) 
(15%) 
(14%) 



Leased 



On Share 



89,466 
155,206 
192,150 
104,228 

76,397 



(46%) 
(52%) 
(42%) 
(32%) 
(25%) 



50,400 

72,140 

121,000 



(26%) 

(24%) 

(27%) 

175,883 

189,671 



On Cropping 
Agreement 



37,898 
41,300 
70,137 
(53%) 
(61%) 



(19%) 
(14%) 
(15%) 



* Data compiled from Statistical Reports of the Japanese Association 
of America in 1920, 1922, and 1925, and from Japanese Yearbooks of 
1911 and 1915. 

and the farms where Japanese were employed — 179,- 
424 and 179,070 acres — remained almost stationary. 

Apparently, then, the alien land law is working 
the way the legislators intended that it should, pro- 
viding the purpose was to force the Japanese off the 
land into business or other occupations. 

The landlords, who have been accustomed to leas- 
ing their land to Japanese, are the most dissatisfied 
people in connection with the workings of the law, 
and, in the majority of agricultural districts studied 
in 1927, they complain bitterly that they cannot run 
their agricultural holdings efficiently or profitably 
under the present land laws. They are, on the whole, 
strongly in favor of modification of these laws. 

The Japanese seem to be rather apathetic toward 
the land laws, since they get good wages for their 
work anyway, and on account of the unfortunate situ- 
ation at present in agriculture for owners of the land, 
thev are not especiallv anxious to own farm land. 
Furthermore, their children will not be under the 
same handicaps as to owning land since they are 
American citizens, so it is immaterial to them 
whether the laws are modified or not. 






CHART XIII 

Percentage of Farm Acreage of Japanese in California by 
Forms of Tenure (1910, 1914, 1920, 1922, 1925)* 



OwNfei. 



&W*. 



CrapffeT* 



100 



I^IO 



m* 



iszo 



Wil 



Ha.5 




e. 



Owrn.A.«L 



mo 

17, ei* 
S^. A-66 

5 O.ffOO 
3 7, "S^* 



41. IO o 



7*-. 7^1 

1 21,000 
7Q, 137 



naa. 
^50, 4.53 
50, 5-^a 



1 q as 

1 %1,6.T j 



* Data compiled from Statistical Reports of the Japanese Association 
of America and Japanese-American Year Books (1911, 1915). 




AGRICULTURE 257 

ENFORCEMENT OF WASHINGTON LAND LAWS' 1 

The anti-alien land laws of Washington are 
stricter and better enforced than those of California. 
The only way that persons of the Japanese race can 
operate farms is through guardians who must be 
American citizens. In those cases where title is in 
the name of their American-born, it must be shown 
that the parents are mere wage-earners, with no 
power over their children who have the sole vested 
interests. Should parents utilize land for their own 
profit, the prosecuting attorney can institute pro- 
ceedings in the Superior Court. The original act of 
1889 was greatly strengthened by the legislation of 
1921 and 1923. 

The Japanese came to Washington about thirty 
years ago but did not arrive in large numbers until 
after 1910. In 1920, there were over a thousand cul- 
tivators on 25,000 acres; the product was valued at 
nearly $4,000,000. They were the owners of 3,500 
dairy cattle, which supplied approximately one-half 
of Seattle's milk requirements, and nearly three- 
quarters of the small fruits and vegetables consumed 
in the larger cities. They accounted for nearly 10 per 
cent of the total state production of milk, soft fruits 
and vegetables that year. 

The predominating fruit consists of berries. 
Orchards are uncommon on Japanese farms because 
of the short leases. The typical holding, five to 
fifteen acres for fruits and vegetables and fifty to a 
hundred acres for pasture, is not large because the 
-worker would find a larger tract less adaptable and 
profitable for his type of intensive, family farming; 
and because he is too poor to work a larger acreage 

6 The history, text, and interpretation of the Washington 
Alien Land Law, 1923, appear in Select Document J and in chap- 
ter vii. 



258 



RESIDENT ORIENTALS 



when he is tempted to expand. Practically all the 
greenhouses are in the White River Valley and near 
Seattle; 90 per cent of the Japanese farm acreage, 
which amounted to less than 1 per cent of the state 
total in 1925, is located in the two counties which 
include Seattle and Tacoma, the largest cities. 

On January 1, 1921, the American-born children 
of Japanese parents held 927i acres; the rest, con- 
sisting of 13,635 acres of leased land farmed by Japa- 
nese, is gradually passing out of Japanese control as 
the leases terminate, due to the provisions of the 
1921 Act. The distribution by counties and by prod- 
ucts on an acreage basis, 1921, are presented in the 
following table : 

Japanese Farm Acreage in Washington, 1921* 











Green- 








County 


Vegetables 


Fruit 


Dairying 


house 


Poultry 


Hogs 


Total 


Benton. . . . 


215 


55 




• • 


• • 


• • 


270 


King 


2,082.5 


1,393.5 


6,390 


19 


10 


• • 


9,895 


Kitsap .... 


46 


402 




• • 


• • 


• • 


448 


Pierce. . . . 


1,299.5 


737.5 


391 


• • 


3 


26 


2,457 


Spokane. . . 


160 






• • 


• • 


• • 


160 


Yakima . . . 


245 


160 




• • 


• • 


• • 


405 


Total 


4,048 


2,748 


6,781 


19 


13 


26 


13,635 



* Data furnished by Northwestern Japanese Association. 



The leases are automatically expiring so rapidly 
that, in 1923, 27 per cent (3,681 acres) of the 1921 
holdings passed out of Japanese control; at the close 
of 1925, there was only one-half the acreage of that in 
1923; and in 1931, practically all the leases will have 
expired, leaving only the 9271 acres which belonged 
to the American-born children as the remnant of the 
1920 allotment. Furthermore, some of this land has 



AGRICULTURE 259 

already been escheated, while other sections are in 
litigation. It is estimated that not over 10 per cent of 
the Japanese farm workers will stay on the land 
under these conditions; and it is added that they 
remain simply because they are unfit for any other 
work. 7 

The state anti-alien laws have been unusually ef- 
fective as applied to the Japanese because the latter 
are living in counties w r here the district attorneys 
have the reputation for being keen to investigate any 
alleged infractions. This agricultural question has 
been much used as a campaign issue; it is a popular 
one — even more so than in California. 

A questionnaire sent for the writer by the Califor- 
nia Chamber of Commerce covering outlying sections 
revealed a practically universal objection to encour- 
aging new Japanese settlers. The Yakima Indian 
Reservation — where several score Japanese farmers 
are operating land owned by Indians or whites under 
agreements which are claimed by some attorneys and 
many w r hite farmers to be unlawful — appears to be 
still an unfriendly region. But the landowners and 
real estate men of the state who are being deprived 
of former high rentals are friendly. 

THE SITUATION IN OTHER STATES 

In Oregon, 8 the Japanese bought land heavily in 
anticipation of legislation similar to that passed in 
California and Washington. They were forced to pay 
the high prices of 1920 and early 1921; now many 
of them are reported to be in financial difficulty. 

• 

7 A master's thesis by J. Nishinoiri, University of Washing- 
ton, 1926, is the source for much of this information. 

8 Supplementary data for Oregon may be found in the official 
Davey Report to Governor Olcott, 1920, and in General Tables 8 
and 9. 



260 RESIDENT ORIENTALS 

There are few Japanese left in the Hood River Val- 
ley; there are some Japanese and also Chinese 
engaged in truck-growing in the suburbs of Portland. 
Oregon has so few Orientals that this subject is 
rarely mentioned there. 

In Colorado, the Japanese are useful in raising 
truck-crops, seeds, and sugar beets, but they are not 
numerous; Miexican labor predominates. President 
Elmer Hartner, of the Western Seed Company, Den- 
ver, wrote on May 13, 1927: 

We have practically no Chinese growers, but a consid- 
erable number of Japanese. They are scattered all over the 
state growing mainly sugar beets, cabbage, lettuce, and 
cauliflower. 

The feeling toward the Japanese is generally not antago- 
nistic, due to the fact that their number is rather limited 
compared to California, however, we find that the- general 
feeling among the landowners is that, if they could get any 
other class of people, preferably Europeans, to work their 
places properly, they would much prefer them to the Japa- 
nese. Business men who are in close touch with the Japanese 
also feel that they are not the most desirable citizens. 

A comparable letter from Labor Commissioner 
C. V. Maddux of the Great Western Sugar Company, 
Denver, May 20, 1927, follows : 

Replying to your letter of the ninth inst., as far as I 
know, there are no Chinese farmers who grow beets for 
delivery to this company. .There is a comparatively small 
number of Japanese farmers engaged in that kind of work. 
I have no accurate record of the number, but I think that 
out of 11,000 growers of this company, there probably are 
not to exceed 150 Japanese growers. As far as I know, they 
are accorded the same kind of treatment by business men 
and others of the communities in which they live as are 
growers of other nationalities. 

Usually Japanese growers are efficient in their work and 
hold the reputation for integrity. Very naturally, these two 
qualifications develop an appreciation by bankers and busi- 
ness men in the various localities. 






AGRICULTURE 261 

THE AGRICULTURAL SITUATION 

The anti-alien land laws are harmful for these 
reasons: (1) the employer can never be sure of se- 
curing this labor supply, yet (2) he is uncertain of 
getting satisfactory help elsewhere; (3) the bank is 
unwilling to loan money when farming becomes too 
speculative; (4) the Oriental who connives with land- 
owner or tenant is uneasy about holding his position; 
(5) he can recover no damages if the contract is 
broken; (6) co-operative marketing associations for 
handling fruits, vegetables, and dairy products, with 
all or mostly Japanese membership, have been com- 
pelled to disband because ineligible aliens have no 
title to the crop; (7) these acts are economically un- 
sound, morally questionable, and internationally 
unfortunate; and (8) their lax enforcement sets a bad 
example both to Americans and Asiatics, especially 
serious in the case of the younger generation. 

The benefits which result from these enactments 
are mainly in serving notice to prospective settlers, 
and to the public at large, that irrespective of other 
issues the goal of better living means more to the 
West than commercial gain. 

Watching the operation of these discriminatory 
laws makes the second generation even less anxious 
to follow farming, although it is doubtful whether 
their expressed desire for white-collar jobs would 
induce them to evince any considerable interest in 
the utilization of rural property except as landlords. 



CHAPTER XII 

MANUFACTURING AND MECHANICAL 

INDUSTRIES 

In the manufacturing and mechanical industries 
of America, over half of the Chinese employed are 
classified as workers in the building and food indus- 
tries compared to nearly one-quarter of the Japanese. 
The greatest employment of the Japanese in this oc- 
cupational classification is in the lumber industry, 
over 2,000 or more being listed as retail dealers. The 
most typical enterprises in this census grouping are 
the small Chinese establishments, the fish canneries, 
and the lumber companies. 

The census data for 1920 are shown in the table 
on the opposite page. 

A painstaking attempt to study conditions in the 
Chinese quarter in San Francisco and Oakland was 
made in the fall of 1922 by Mrs. Elsa Lissner, special 
agent of the Industrial Welfare Commission, assisted 
by Miss Sarah Lee of the University of California, 
who acted as interpreter. While the investigators ap- 
parently secured fairly reliable information, even 
thev are not satisfied with the results: the reason 
being that these domestic industries, sometimes con- 
ducted in the employer's home, were carried on 
under such different conditions of hours and work 
that deductions of any kind are open to some ques- 
tion. The following statement has been furnished by 
the Industrial Welfare Commission: 



An investigation was made during the summer of 1922 
of all establishments employing women or minors in the 
Chinese quarters of San Francisco and Oakland. In addition 

262 



MANUFACTURING 



Manufacturing and Mechanical Industries 



263 




Carpenters 

Compositors, linotypers, typeset 

ters, etc 

Laborers: 

General building 

Fish curing and packing 

Fruit and vegetable canning. . . . 

Car and railroad shops 

Copper factories 

Saw and planing mills 

Machinists 

Mechanics 

Semi-skilled operatives : 

Clothing industries , 

Fish curing and packing 

Iron and steel industries. ...... 

Saw and planing mills 

Shoemakers and cobblers 

Tailors and tailoresses 

Miscellaneous 

Total 



Chinese 


Japanese 


Male 


Female 


Male 


Female 


47 


• • • 


171 


• • • 


10 


• • • 


106 


6 


939 


3 


1,075 


30 


755 


2 


193 


27 


575 


8 


103 


7 


18 


• • • 


219 


1 


1 


• • • 


156 


1 


18 


• • • 


1,915 


26 


30 


• • • 


194 


• • • 


24 


. • . 


121 


• • • 


128 


29 


30 


20 


105 


12 


63 


156 


33 


1 


113 


2 


2 


• • • 


194 


• • • 


24 


• • • 


198 


3 


171 


6 


257 


47 


1,201 


114 


1,316 


176 


4,081 


175 


6,424 


502 



to enforcement of the Commission's orders for wages and 
hours of labor, the investigation was pursued with especial 
reference to the home work in these districts. 

Both men and women operators were employed in the 
factories. In some cases there were retail stores manufac- 
turing their, own products. These latter employed either 
men or women in the premises or gave the work to be done 
at home. Home work was also distributed from the factories. 

Garment-making was the principal kind of work per- 
formed. In addition, there was the picking or shelling of 
shrimps and a small amount of such miscellaneous occupa- 
tions as basket-trimming, tobacco-stripping, hemstitching and 
embroidery, and the placing of small photographs in card- 



264 RESIDENT ORIENTALS 

board frames for advertising matter. One establishment em- 
ployed forty women to prepare string beans for canning, but 
this was an unusual occurrence, in the nature of an experi- 
ment, and has been entirely discontinued. 

In all establishments investigated in both cities, there 
were 253 women employed exclusive of home workers, 142 
in the needle trades, 111 in the various other occupations. 
The needle trades recruited the younger women, while such 
work as shrimp-picking and basket-trimming was usually 
done by the older ones. All work places were congregating 
points for youngsters who had no place to play and would 
not be left at home or on the street by the working mother 
or grandmother. 

The Chinese women work exceedingly irregular hours; 
that is to say, there is except in one instance no such thing 
as a supervised employment. A large majority of the women 
drift in from about ten to eleven in the morning, the factory 
being open from quite early in the day until late at night. 
They return home when the children are due there -around 
luncheon and at about three in the afternoon before they go 
to the native school and after they return from the American 
one. There is apparently no inhibition by an employer as 
to stopping work at any time for any reason, the worker 
resuming her task when she chooses. This made the enforce- 
ment of an hour-record of work very difficult. The same was 
true of the keeping of names and addresses. The women 
had picturesque ways of describing their dwelling-places but 
did not always know them by streets or numbers. Practically 
all employment of Chinese women is accompanied by the 
presence of the entire family of children. Babies are either 
strapped to the backs of working mothers, where they sleep 
or howl at their leisure, or they are cradled on large bundles 
of made or unmade garments or even parked on shelves. 

The needle-trade products included shirts, overalls, cor- 
duroy pants, coveralls, rompers, bloomers, nightgowns, men's 
trousers (finishing), aprons, housedresses, and sheets (hem- 
ming). Of these, far the greatest production was of overalls, 
housedresses, and aprons. 

The system of contract work is one fairly prevalent in 
this quarter. The contract is taken by the Chinese either 
from a Chinese employer or from an American. In some 
cases the work is completed in a factory; in others it is sent 
out. The bulk of the work done at home was garment-making 
with the use of b<5th foot and power machines. Products 






MANUFACTURING 265 

included aprons, coveralls, men's coats (whole garment), 
house dresses, pajamas, and night shirts. In addition such 
work was done at home as sewing buttons on shirts made 
elsewhere, putting buttonholes in men's coats, and finishing 
trousers. There was also beading and embroidery and mak- 
ing of lamp shades. 

Thirty-one women were visited in San Francisco in their 
homes and twenty-six in Oakland. As these numbers repre- 
sented every woman whose name was obtained from a large 
number of sources, it was felt that the majority of the women 
doing home work in these quarters had been reached. Com- 
pared with the number of all women employed in factories, 
even if one limits the comparison to the needle trades, the 
home workers here are relatively negligible. 

CANNERIES AND PACKING HOUSES 

The canneries and packing houses handling fish 
products have made extensive use of the Chinese, 
and now the Japanese. The fruit and vegetable con- 
cerns, however, employ few Asiatics: the reason 
seems to be because of the very short seasons during 
which white women and school-children are avail- 
able. These latter short-time workers become very 
adept; and, while Chinese and Japanese women and 
children are sometimes employed in this way, this 
labor is largely by a superior neighborhood type and 
of the white race. 

The value of the Pacific Coast fisheries makes up 
over half of America's total. Of a total value of 
nearly one hundred million dollars for canned fishery 
products and by-products in 1925, canned salmon 
alone made up one-half, with Alaska 31 million dol- 
lars, Washington 10 million dollars, and Oregon and 
California 5 million dollars. Other Coast products 
were California sardines 6 million dollars, tuna, 
shrimps, clams, and oysters. Supplementing data in 
chapter x, certain information about the San Pedro 
canrjeries is worth recounting : 



266 RESIDENT ORIENTALS 

Organization among the fishermen is that of co-operative 
associations made up of the nationally similar. The prin- 
cipal associations are the Italian, the Austrian, and the 
Japanese. 

Among the cannery workers, men or women, there is no 
permanent union organization for those employed in Cali- 
fornia. The men who work in Alaska in the salmon fishing 
are recruited in San Francisco, the Alaska Fishermen's Union 
having its headquarters there. They are enlisted in the 
spring to work during the salmon run of the summer, which 
lasts only eighteen days. Conferences between employers 
and representatives of this union take place in San Francisco 
before the opening of the season in Alaska. The agreement 
is drawn up by which the terms of employment are specified. 
Although there have been no strikes, wages and conditions 
of labor have been materially improved since the formation 
of the union in 1902. Wages have increased gradually from 
$50 for the season's run to $200 in 1920. There are about 
4,000 members, longshoremen, sailors, and fishermen, as well 
as men who can turn a hand at any of these jobs. Fishermen 
in Alaska have to be jacks-of-all-trades, but none of these 
men is employed in the canneries for which the fish are 
caught, nor are any women employed. Chinese, Mexicans, 
and Japanese work in the plants. 

In California, there have been sporadic attempts at organi- 
zation among the fish-cannery workers. The women have 
joined with the men when such organization has taken place. 
This has been mainly in the Monterey district, the union 
being a temporary one during a strike for increased rates of 
pay. One such strike during the 1920 season resulted from 
the introduction of a scaling machine into some of the can- 
neries, scaling having been a hand operation before this. 
The strike brought about adjustment of the piece-rates. 1 

Seattle conditions are narrated by the president of 
a leading salmon-packing firm: 

My father employed Chinamen long before I can remem- 
ber, and I have employed them up until the present time 
since his death. So naturally I have come into very close 
contact with a few of those who have helped me in the 
cannery business. If I remember correctly from what my 

1 Elsa Lissner, "The California Fishing Industry and Its 
Women Workers," Life and Labor, Vol. XI, No. 5 (May, 1921). 



MANUFACTURING 267 






father told me, the Chinese were employed in the salmon 
business only after the white men refused to go to the can- 
nery as laborers, and from the start the Chinese proved to 
be willing and diligent and as a result white labor never 
came into my consideration. 

In the early days the Chinese were employed by the 
month directly by the cannery. But in later years the work 
in the cannery has been done under contract. I have prac- 
tically all my dealings with John Woo & Company, Chinese 
labor contractors of Portland. In these contracts the agree- 
i ment is made between my company and John Woo & Com- 
pany. Woo & Company agree to furnish the men to put up 
the pack. We guarantee this company a definite number of 
cases to be packed and pay on the basis of so much per case. 
Then the labor contractor in turn gets the Chinamen to- 
gether and makes an agreement with them for their services, 
for the season, which is anywhere from five to seven months. 
I think it would be safe to say that most of these Chinamen 
come from Portland, very few from Seattle. It is along these 
lines in a business way that I have been connected with the 
Chinese. 

From general observation that might interest you in con- 
nection with these people, I have found them to be extremely 
honest, loyal, and faithful. They are inclined to be rather 
suspicious of strangers. I suppose there is some justification 
for this, due to their very unjust treatment in the past. They 
are the cleanest class or race of people to be found, far 
superior to the Swedes, Italians, or Austrians. Their quarters 
are always kept in the very best possible condition. Their 
business integrity is beyond reproach. Now an instance that 
might be of interest to you is this. My father often would 
leave seven or eight thousand dollars in cash for his boss 
Chinaman; John Seong was very good and every penny 
would be accounted for. My father often would say, "It 's a 
damn shame there aren't a few white men like that China- 



man. " 



The great Alaskan fisheries have their labor re- 
cruited mainly from San Francisco and Seattle, with, 
different conditions prevailing. Two authoritative 
accounts from San Francisco are these : 

Every year, upon the return of the cannery hands from 
Alaska, many complaints are filed in our San Francisco 



2()8 RESIDENT ORIENTALS I 

office, alleging exploitation, bad treatment aboard ship, and 
in Alaska. In August, 1925, a group of cannery hands filed 
such complaints of abuses by S. Young & Mayer, who were 
alleged to have coerced the complainants to buy clothing at 
exorbitant prices. It was also alleged that this firm was 
operating an employment agency without a license. To as- 
certain the facts in this case, a hearing was held in our San 
Francisco office on May 29, 1926, at which time the following 
information concerning the operations of this labor recruit- 
ing store came to light: 

1. That Young & Mayer Company, which is a corporation 
organized under the laws of the state of California, re- 
cruits approximately 1,700 workers every year for work 
in the Alaska canneries. This company, of which E; P. 
Mayer appears to be the most active member, has a 
contract with Quong Ham Wah and Company, owned by 
Mr. Lem Sen. This contract provides that the S. Young 
Tailoring Company must furnish to the Alaska Packers 
Association a certain number of people for each and every 
ship that sails for Alaska. The contract stipulates the 
wages that are to be paid to the various kinds of workers 
hired, such as foremen, cooks, butchers, can pilers, etc.; 
it further stipulates that the men hired should be either 
Filipinos or Mexicans and of no other race or nationality. 
The contract makes the S. Young Tailoring Company liable 
for damages to the amount of $200 per day for each and 
every day the sailing of the vessels is delayed because of 
lack of the necessary quota of men provided for in the 
contract; moreover, it makes the company liable to the 
extent of $250 for each and every man that may be short 
of the number agreed upon. In spite of these provisions 
of the contract, there is nothing in the contract to show 
that any consideration is received by the S. Young Tailor- 
ing Company for the execution of the said contract. 

2. The Alaska Packers Association have an agreement with 
Quong Ham Wah Company for the canning of a certain 
number of boxes of salmon during the salmon season for 
w T hich the Alaska Packers Association pays the Quong 
Ham Wah Company a stipulated sum of money per box 
of salmon. 

3. Len Sen of the Quong Ham Wah Company hires the Chi- 
nese laborers, but he subcontracts to S. Young Tailor- 



MANUFACTURING 269 

ing Company for the hiring of the Mexican and Filipino 
workers. 

4. Apparently, the sole consideration that passes between 
Quong Ham Wah Company and the S. Young Tailoring 
Company for the latter's obligation to furnish the workers 
is the volume of business which the S. Young Tailoring 
Company is enabled to do by way of furnishing various 
clothing and supplies to the men shipped to Alaska. 

5. It was stated by E. P. Mayer at the hearing that the vol- 
ume of business which accrues to him, as a result of his 
hiring of the workers, runs up as high as $75,000 per year. 

6. The S. Young Tailoring Company sells to the Alaska 
Packers Association workers diverse articles. 

7. The Alaska Packers Association pays to the S. Young 
Tailoring Company $3 for every mattress furnished to the 
men shipped to Alaska, but for the other articles furnished 
to the men, the men themselves pay out of their wages. 

While there is no evidence that the S. Young Tailoring 
Company is charging the Alaska cannery hands excessive 
prices, some of the prices appear to be unnecessarily high; 
thus, for instance, the shaving mugs are sold for 50 cents 
apiece, trunks at $10 apiece, and handkerchiefs two for a 
quarter. 

The S. Young Tailoring Company is reimbursed by the 
Quong Ham Wah Company for all expenditures incurred 
in the hiring of men including the fees paid to the agen- 
cies. 

The legislature should offer greater protection to the men 
who are hired annually to be sent to Alaska. These men are 
induced to sign contracts which they do not understand 
and which bind them to hard labor and unfair w r orking 
conditions for a period of six months. They are always 
preyed upon by labor contractors and merchants who exploit 
the ignorance of these workers for their own selfish uses. 2 

Regarding the employment of the men working in Alaska 
fisheries, San Francisco employs more men than Seattle, that 
is for the Bristol Bay district. For the central and south- 
eastern district of Alaska, Seattle, I believe, employs more 
men than San Francisco. There are several other places 

2 Report of Bureau of Labor Statistics of the State of Cali- 
fornia, 1925-1926, pp. 83-84. 



270 RESIDENT ORIENTALS 






where men are hired for Alaska fisheries; Portland, and 
Astoria, Oregon, employ several hundred men for these fish- 
eries; Bellingham, Anacortes, and Tacoma, Washington, are 
also places of employment for this labor. 

As far as employment of the members of the Alaska Fish- 
ermen's Union is concerned, San Francisco employs about 
55 per cent of the fishermen, Seattle about 30 per cent, and 
Portland and Astoria about 15 per cent. The nationality of 
our members is as follows: 60 per cent Scandinavian and 
other northern European peoples, about 40 per cent Italian 
and southern European peoples. Our membership is about 
3,000, of whom about 2,200 are now in Alaska. 3 

A Japanese who has spent several summers in the 
Alaskan canneries writes (May 11) this description of 
labor contracting from Seattle : 

Cannery w r orkers may be classified according to the na- 
ture of their contract, "season boys" or "guaranty boys." 
The seasonal workers hire out for the entire season, which 
will usually last from April or May to September. They take 
over the work of preparing for the fishing season, which 
consists largely of making cans and boxes and running 
through the first small catches of salmon. They receive from 
$270 to $450 for the season, which will average from four 
and one-half to five months. Cannery overtime is 25 cents 
per hour. The working day during the fishing season is from 
6:00 a.m. to 6:00 p.m., and during can-making time, from 
7:00 a.m. to 6:00 p.m. Hours outside of these, and Sundays, 
are regarded as overtime. 

The guaranty boys come up in June or July and usually 
are under a two months' contract, which begins at the time 
of departure from Seattle and terminates at the time the 
cannery is left. These workers are paid by the month, which 
will vary from $60 or $70 paid to the Filipinos, to $90 or 
$95 paid to Japanese on Puget Sound. Overtime rates are the 
same for these as for season gangs. A rate of from 40 cents 
to 75 cents per hour is paid to either class of workers for 
longshoring. This classification will apply only to the plants 
south of Cordova. In Western and Central Alaska the entire 

s Letter from Peter E. Olsen, Secretary Alaska Fishermen's 
Union, San Francisco, May 25, 1927. See also his article, "The 
Alaska Fisheries," in The Seamen's Journal, Vol. XLI, No. 1958 
(March 1, 1927). 



MANUFACTURING 271 

rew of a cannery stays for the season, there being no short 
ime guaranty largely because of the distance. 

There may be a classification according to "type," as, for 
instance, (1) the "habitual" cannery laborer, (2) those who 
ave other occupations, but occasionally follow the fish as a 
sort of avocation, and (3) the student cannery help. 

From the first type are recruited the majority of the 
"season boys," who do most of the skilled and semi-skilled 
work about the can factory and the fish plant, such as cutting 
tin for cans, butchering, making boxes, etc. They seem to 
take pride in their ability to hold down any job about the 
plant which requires any degree of skill, and evidently they 
derive much satisfaction from expressing their "superiority" 
over the green hands. 

Nearly all of them are very capable gamblers and seem 
to have no other ambition than to hire out from one season 
to the other, spending the winter and a good portion of their 
spare time at a game — anything from "rolling the bones" to 
Chinese "Ciko-Ciko" or Japanese "Hana." A large majority 
of them return to town, either as heavy winners or heavy 
losers, and once back, start all over again in the Chinatown 
resorts. At times, I have seen dozens of former cannery 
associates emerge from nowhere, between the hours of mid- 
night and 2:00 a.m., headed for an all-night restaurant as a 
preliminary to a little sleep or more playing. The winners 
eat out in a restaurant, while the losers and bankrupts pa- 
tronize the gambling house's free lunch counter. It is a 
mystery how these Oriental "wobblies" can eke out an exist- 
ence through the winter. Many of them take odd jobs from 
time to time. The practice of taking out "advance money" 
from the contractor on the next season's pay is almost uni- 
versal; in fact, the contractors expect to make such advances, 
and invariably ask a new employee how much he wants. 

The cannery contractors are closely organized among 
themselves and keep each other informed as to who is under 
contract and has taken out an advance. They also, for some 
unaccountable reason, impart information as to the produc- 
tive efficiency of particular individuals, more or less well- 
known among cannery circles. For instance, Yamichi Kori- 
yama may establish a reputation as a good box-maker or 
butcher. The information gets around, generally through the 
channels of everyday gossip, to every contractor; and also 
the news that so-and-so is lazy, a Bolshevik, et cetera. 

Under the second classification, there is a motley group 



272 RESIDENT ORIENTALS 1 

of individuals, generally temporarily out of a job, who are 
cither failures in some other line, or possibly just trying to 
make up a bank roll for some purpose or other, possibly in 
order to take a trip back home. Under this class of cannery 
workers, I have come in personal contact with the following 
cases: A berry farmer who had a net worth of $25,000 two 
years previously; an individual who had been left a small 
fortune by his father and had lost it all in the exporting 
game; a Japanese actor "at liberty" for the summer, who 
tried a cannery, several barber shops, and a restaurant; dye 
works entrepreneurs who couldn't make a go of it; any 
number of cooks who hire out for the season, and, forever 
complaining about the difference in pay, count up the money | 
they are losing by not sticking to the old job; a couple of 
ex-dentists who had the tools to "prove it"; and many ex- 
farmers. 

Possibly on the border-line between this and the first 
classification would come those hands who are winter work- 
hands in the sawmills, logging-camps, or railroads, and 
habitually migrate north every summer to the easier cannery 
jobs. There are, in Seattle, cannery contractors who also 
contract for railroad and sawmill workers, and run a general 
employment agency: generally, these contractors have a very 
large percentage of this type of laborer in their crews. 

Then there are the schoolboys, from 14- and 15-year-old 
high-school boys to 35-year-old Phi Beta Kappas from Wa- 
seda and Meiji, etc., who bring political science degrees in 
their suit cases and talk of completing their education in 
America. 

The Japanese contractors, in hiring help of their own 
nationality, do not draw up a formal contract. It has been 
found to be much more satisfactory to leave all such matters 
as obligations of the parties and what shall constitute an 
employee's work to implication and oral agreement. Japa- 
nese laborers invariably do what they are asked to do and 
seldom complain. In the case of Filipinos employed by a 
Japanese contractor, everything is set down specifically and 
in detail. 

The Filipino is a drug on the cannery labor market. 
Every spring there are boatloads of new arrivals, green, sub- 
missive, and with no bargaining power when it comes to 
hunting a job. They are easy prey for unscrupulous Filipino 
"capitalists" who make a practice of acting as middlemen, 
and keep a large percentage of the pay. 



MANUFACTURING 273 

The unlimited influx of Filipinos is a menace in many 
ways. They arrive green and simple as babes in the wood 
and after a couple of seasons in the canneries and more or 
less of idle winters in town, they evolve (by the example of 
former arrivals) into big-time gamblers, knife-fighters, and 
first-rate, brown-skinned Apaches. They show great aptitude 
in becoming acquainted with institutions of a disorderly 
character. 

The Seattle contract system is quite different from what 
we read about the system of the San Francisco contractors, 
who whip their crews out to Bristol Bay and the Nushagak 
region. The general impression is that there is much less 
exploitation of the workers, no shanghai-ing, and the dope 
traffic is entirely absent among the Japanese contractors. 
Even the open manufacture and selling of moonshine has 
subsided considerably, because of a few raids in southeastern 
Alaska camps during the last year or tw T o. 

The position of the Japanese in the fishing in- 
dustry of southern California has been described in 
chapter x. The dependence of canneries on this na- 
tionality for procuring supplies appears also in the 
testimony of Mr. B. Houssels, president of the Inter- 
national Packing Association, which operates at Los 
Angeles and San Diego : 

Our information has to do only with the fishing industry. 
It has been charged that the Japanese are violators of the 
law, and especially the immigration law. Our company has 
the largest number of Japanese fishing boats of any company 
here. I am also a member of the Southern California Fish 
Canning Association. They practically employ all the Japa- 
nese fishing boats. I have yet to know my first instance of a 
single complaint filed against a fishing boat for a violation of 
the immigration laws, much less a conviction. If there had 
been any violations of this law, certainly we would have a 
single complaint in the number of years they have been fish- 
ing. Relative to violating the fisheries laws, they have vio- 
lated them less than possibly any other class fishing. It has 
been charged that they get together and hold up the price 
and even destroy fish rather than let them go on the market 
at a lower price than their agreed prices. The fact is that the 
Japanese fishermen only produce about 7 per cent of the 



II 

271 RESIDENT ORIENTALS 

market fish sold in this section. They only own and operate 
one boat, one purse-seine boat, out of market. We can verify 
by the police department of the State Fish and Game Com- 
mission that the Japanese have not destroyed fish in order 
to put up the market. 

The Japanese fishermen are albacore fishermen, and the 
ea nners depend largely upon albacore for their profits. As 
to the other fish they can, the canners are in their infancy, 
and it will have to be increased in order to make a profit. 
The albacore are caught by the Japanese fishermen on ac- 
count of their technical knowledge, the avocation being 
handed down from father to son. They are experts in that 
line; and, while there are as many boats possibly fishing for 
albacore among other nationalities as among the Japanese, 
the Japanese boats catch fully 80 per cent of the albacore 
furnished to the canners; and if they are restricted or pro- 
hibited from doing business, it would mean the curtailment 
of our business, if not destroying it. 

We also hear charged that the Japanese are dishonest and 
don't carry out their contracts. It has been our experience 
since the business began that the Japanese are just as re- 
sponsible and regard their contracts equally as well as, or 
more so than, other nationalities. Briefly, that is the state- 
ment, and I think it covers. 4 

The fruit and vegetable canning industry makes 
very little use of Chinese or Japanese. A recent re- 
port of the United States Department of Labor deal- 
ing with women in the fruit-growing and canning 
industry in the state of Washington enumerates a 
total of 3,013 women, of whom 497 are aliens, but 
only 11 from Japan and none from China. These 
Japanese women, moreover, were employed entirely 
in the berry fields and prune orchards. 5 

At Alviso, California, there is a cannery partly 
owned by a Chinese, where Chinese women consti- 
tute one-third of the labor during the canning season, 

4 Hearings before United States House Committee on Immigra- 
tion and Naturalization (already referred to in previous chapters), 
Part 3, pp. 969-970. 

5 U.S. Department of Labor, Women's Bureau Bulletin 47. 






MANUFACTURING 275 

but during the summer the employees are all Cau- 
casians. Large canning companies on the Coast, how- 
ever, report that they make extremely little use of 
Orientals; the reasons are not stated, but doubtless 
racial prejudice plays a considerable part, since, ac- 
cording to President R. I. Bentley of the California 
Packing Corporation, nationality does not have much 
to do with the efficiency. 6 

LUMBER INDUSTRY 

The lumber industry on the Pacific Coast is one of 
great magnitude, yet reliable statistics regarding the 
nationality of workers are difficult to secure. A val- 
uable government report, Industrial Relations in the 
West Coast Lumber Industry, 1923, has this summary 
statement: 

Most of the employees in the lumber industry on the West 
Coast are Americans or Scandinavians, although there are a 
few men of other nationalities, usually in the unskilled posi- 
tions. The most careful study of racial distribution of the 
workers was that undertaken by the Washington State Bu- 
reau of Labor in 1913. The distribution of workers in the 
Washington mills, including shingle mills, and in logging 
camps, in 1913, by race, as shown by that study is as fol- 
lows : 

» v In mills In camps 

Natives and North Europeans 18,066 5,376 

South Europeans 1,224 364 

Asiatics 1,248 12 

Total 20,538 5,752 

Wage data were also collected for the three race groups, and 
it was found that in the sawmills the South Europeans and 
Asiatic workers were 15.6 per cent of the total number em- 

g Hearings on the Seasonal Labor Problem in Agriculture be- 
fore the Commission on Industrial Relations, Vol. V (1916), 
pp. 4913-5027. 



276 RESIDENT ORIENTALS 

ployed, but that they held only 2.3 per cent of the jobs which 
paid over $2.50 per day. 7 

No California statistics are available: 

We are unable to report to you the number of and wages 
of Chinese and Japanese employed in the lumber industry in 
the state from the records in this office. 

I have endeavored to secure this information for you 
from the Rureau of Labor Statistics, but they inform me that 
they have statistics showing the total number of people em- 
ployed in the lumber industry, but do not segregate them as 
to different nationalities (letter dated May 20, 1927, from 
California Redwood Association, San Francisco). 

It is safe to say that no Japanese or Chinese are employed 
in the lumber manufacturing industry in California.) A few 
years ago there was a Chinese crew bundling lumber for 
shipment on the flume of the Madera Sugar Pine Company, 
but that crew has since been disbanded and replaced by 
white men (letter dated May 4, 1927, from California White 
and Sugar Pine Manufacturers' Association, San Francisco). 

As far as we know, there is no record of the number and 
wages of Japanese and Chinese employed in the lumber in- 
dustry in this state. We believe that the only possible way 
for you to obtain this information is to send questionnaires 
to the lumber companies requesting such information. For 
your use, we are enclosing a list of the lumber companies 
operating in this state at the present time. 

This office handles the lumber census of California each 
year, but the nationality of the employees of the companies 
is not recorded (United States Department of Agriculture, 
Forest Service, California District, in letter to the writer 
dated May 2, 1927). 

Statistics for the Northwest are likewise not 
readily procurable : 

I just received your letter of May 9, in which you asked 
w r here you could get information relative to the number of 

7 Bulletin of the United States Bureau of Labor Statistics, 
No. 349, p. 45. See also Washington State Bureau of Labor, Bien- 
nial Report, 1913-1914, pp. 34 et seq. 



MANUFACTURING 277 

Chinese and Japanese employed in the lumber industry of 
Washington and Oregon. So far as I know there is no in- 
formation available on the subject. The State Bureau of 
Labor at Olympia, Washington, and Salem, Oregon; might 
have some information, although I doubt it very much. 

As a matter of fact there are practically no Chinese em- 
ployed in the logging industry of Washington and Oregon 
and only a small number of Japanese. I do not know of more 
than half a dozen companies that employ any considerable 
number of Japanese. Conditions in British Columbia are 
quite different. Over there any number of companies use 
Japanese, Chinese, or Hindu crews almost exclusively (letter 
from W. E. Crosby, Secretary-Editor of West Coast Lumber- 
man, Seattle, Washington, May 12, 1927). 

In Oregon, the most notorious case of anti- 
Japanese prejudice of any type arose at the lumber 
mills at Toledo, in the spring of 1924. In brief, the 
situation occurred because a large spruce company 
announced its intention of bringing in Japanese la- 
borers to work on the "green chain," where the task 
required is exceedingly exacting. The community of 
Lake Stevens was settled by people from the Central 
States and northern section of the Southern States, 
practically all of old American stock, with the 
understanding that they would be given continued 
employment in the mill. The plan of the manage- % 
ment, therefore, to bring in strangers resulted in the 
organization of the Lincoln Protective League. That 
the question was strictly an economic one was re- 
ported by a leading representative of the Loyal Le- 
gion of Loggers and Lumbermen, who stated to The 
Survey of Race Relations that he could find no evi- 
dence of racial antipathy: 

These people said they have no objection to the Japanese 
coming into this country; that there are probably many 
places where Japanese are useful, but they did object to 
having them shipped in to take their jobs, and this, as near 
as I could determine, was wholly economic. (286 S.R.R.) 



278 RESIDENT ORIENTALS 

Similar evidence appears in the typewritten report 
of the Executive Committee of the Portland Council 
of Churches, that "a compilation of motives underlie 
this community sentiment, the most important being: 
(a) antagonism against the corporation, (b) an eco- 
nomic fear that the new mill policy would ultimately 
result in the loss of their jobs or a lowering of their 
working conditions; and (c) race prejudice. 

"Which of these weighed most heavily it is impos- 
sible to say. We are inclined to think that the feeling 
against the corporation was predominant in the 
minds of the leaders and that these secured the sup- 
port of the mass of the citizens by appealing to their 
economic fear and race prejudice." 

The report continues : 

This situation as just outlined was clear to the mill people 
and to the representative of the Japanese who was sent 
down to investigate. The Japanese laborers themselves were 
ignorant of the situation but their American representative 
knew the background and realized that the 45-to-ll vote did 
not represent the real town sentiment toward the Japanese; 
at least he realized there was a substantial part of the citi- 
zens who unalterably opposed bringing in the Japanese. Al- 
though he and the mill people and some of the business men 
looked upon the leaders of the protestants as mere "agita- 
tors," they realized the possibility of exciting trouble if the 
proposed course was carried out. 

The labor policy of the Pacific Spruce Corporation has 
been good in the respect of high wages, reasonable charges, 
and no strikes. This labor policy, however, is an expression 
of the benevolent or good business sense of the mill man- 
agers rather than a co-operative understanding between the 
employing and employed partners in the industry. 

An interview by the writer in March 1927, with 
Attorney B. A. Lewis of Portland, who represented 
the labor interests in their joint action against the 
Spruce Company, the white contractor, and the Japa- 
nese contractor, clearly brought out the fact that the 



MANUFACTURING 279 

local community had no antagonism against the 
Japanese other than that they happened to be the 
foreigners brought in as competing workmen. Mr. 
Lewis stated further that in his three-hour brief and 
in the examination of over 80 witnesses, the subject 
of race prejudice was not mentioned. Yet the Toledo 
affair has received extremely wide recognition as an 
anti-Japanese agitation. 

The consideration of the Pacific Northwest lumber 
industry discloses a community of interest between 
Oregon and Washington. While there appear to be 
authenticated reports of prejudice against Japanese 
in northern Oregon, apparently largely an aftermath 
of the Toledo incident, in Washington there seems to 
be extremely little feeling. The number of Japanese 
in the northwest lumber industry declined from 2,685 
in 1907, to 1,260 in 1923, while at the present time, 
there are approximately 1,500. This diminution is to 
be attributed mainly to the scarcity of Japanese. 
First-hand study made by Mr. R. L. Olson, of the Uni- 
versity of Washington, who visited every^ lumber 
company in that state, and from whom much of this 
information is derived, reported in August 1924, that 
Japanese were employed in 37 of the 873 sawmills of 
the state: in two of these, they were employed only 
as section workers on the logging railways. There are 
a few Hindus and Filipinos employed, but seemingly 
all of the Chinese have disappeared from the saw- 
mills so that the story of the Oriental in the lumber 
industry is almost entirely that of the Japanese. 

The Japanese invasion of the lumber industry up 
to date has been of a supplementary rather than a 
displacement character. In no instances do we find a 
complete Japanese crew, and but one mill reports as 
high as 50 per cent Japanese employees. The Japa- 
nese have made little advance in the logging camps. 



280 RESIDENT ORIENTALS 

1 

Their work is confined almost completely to the lum- 
ber mills where they are employed for the most part 
as unskilled workmen. Probably between 60 per cent 
and 70 per cent of the Japanese in the lumber in- 
dustry are employed on sorting tables and on the 
green chain. In one or two instances the Japanese 
hold the positions of highest skill in the mill, as for 
example, at the Edenville Lumber Mill. In this mill 
only five whites are employed on inside jobs; the 
remaining positions are all held by Japanese. 

Of the 37 employers of Japanese visited by the in- 
vestigator, 24 stated that the Japanese were at least 
as capable as the whites. Three thought them less 
efficient. One stated they were very good on contract 
work. The remainder did not commit themselves. 
As to the higher regard for Japanese workmen, 19 
stated they could not compete with whites in the 
skilled branches of the industry, while only 9 re- 
garded the Japanese as possible competitors with the 
whites in this respect. The remainder did not commit 
themselves. 

Mr. Olson concludes: 

It is sheer nonsense to speak of the Japanese as com- 
petitors with white labor in this field. Individually they are 
quite able to compete but their small and declining numbers 
make any talk about their competing with the whites as a 
whole, really quite amusing. 

As for the standard of living of the Orientals, my observa^ 
tions have been that of the 37 Japanese camps visited only 
in three or four has their standard of living been markedly 
below that of the whites in the same camp. It is quite ex- 
traordinary the way conditions among the whites are re- 
flected among the Japanese. If the white camp is shabby 
and unkempt, the Japanese camp is almost sure to present a 
similar appearance. If the buildings are neat, painted, and 
well-kept, the Japanese houses will in most cases compare 
favorably with them. In one respect — that of lawns and 
flower beds — the Japanese rank far above the whites in ever^ 
instance. 






MANUFACTURING 281 

It is often claimed that we can never assimilate the Japa- 
nese. It is true that their racial traits make this much more 
difficult of accomplishment than is the case with our Euro- 
pean immigrants who differ from us only in nationality, but 
the ideal of eventual race amalgamation is not impossible of 
realization and, whether w T e will or no, is sure to come. 
(396 S.R.R.) 

The policy generally followed in the lumber in- 
dustry has been to retain Oriental workers, who 
rendered invaluable service during the wartime, yet 
not to take on more of those same nationalities. The 
following testimony of a company official has been 
duplicated more than once when attempts have been 
made to displace Japanese: 

In regard to a statement that was made by Colonel Inglis 
regarding our company and the Japanese and the returned 
soldiers. I do not know just what his statement was, but it 
came to me in a roundabout w r ay that he made a statement 
to the effect that our company chose Japanese in preference 
to returned soldiers. Now, if that was the statement, it is 
absolutely false. We do not do anything of the kind. What 
we did was, when they organized the employment office 
here for the returned soldiers, they sent a representative to 
us. At that time we had 40 Japanese working in our employ, 
and they asked us how many of these returned soldiers we 
could use. I told him: "You send down tomorrow morning 
about twenty returned soldiers," and I instructed our fore- 
man to discharge twenty of the Japanese. The next morning 
we put on the twenty soldiers, and they worked along for 
about a week or ten days and gradually dropped out, and 
when the bad weather came on, they came into the office, 
quite a number of them in a body, seven or eight one day, 
and wanted to get indoors. They could not work out in the 
rain. They did not have the clothes for it. 

Well, the only thing we could do was to say all the inside 
jobs were filled, and that was the best we could offer them. 
Well, they left gradually, until finally, they had all gone, or 
the majority of them had gone, and then it was up to us to 
fill up again, and we started to fill up with Japanese, and we 
found it very hard, because there was the question with the 
Japanese as to whether they would work very long or not, 



282 RESIDENT ORIENTALS 

whether they would be kept on. Now, we have about fifteen 
in our employ — on July 13 we shut down, and we had fifteen 
employed then. The intention of the company is not to 
employ Japanese at all if we can get other men, but the 
sawmill business is not like any other business. There are 
jobs that a white man will not do; it is too hard; and they 
won't stay at it; the pay is not sufficient. 8 

Aside, then, from numerous other phases, such as 
the living conditions in company camps, seasonal 
employment, etc., the employer's choice of labor is 
consistently based upon economy and efficiency. Re- 
lations between Orientals and Occidentals are unus- 
ually friendly in Washington, so much so, that in 
some localities the Japanese have formed social clubs 
which are virtually labor union organizations work- 
ing with the Loyal Legion of Loggers and Lumber- 
men, yet debarred from membership because'of the 
citizenship qualification. 

MISCELLANEOUS INDUSTRIES 

Thus far, industrial interests on the Coast are not 
receptive to the establishment of Japanese-owned or 
Japanese-managed industrial enterprises. A labor 
leader in the Northwest informed the writer of the 
experience of a small Japanese lumber company 
which had several incendiary fires the first morning, 
and thereupon stopped operations. A Seattle Japa- 
nese writes regarding his thwarted plans: ''Since 
coming to America my ambition has changed. I no 
longer wish to be an importer and exporter, but I do 
desire to be a candy manufacturer. Although I can 
make as good candy as any person in Seattle, unrea- 
sonable prejudice prevents the sale of it, and has 
caused my failure in that line. For many years I 
made candy for one of the best firms in Seattle and 

s Hearings before United States House Committee on Immi- 
gration and Naturalization , Part 4, pp. 1296-1297. 



MANUFACTURING 283 

everybody ate it, and liked it, but when I tried to 
establish a business for myself, American people 
would not have it although it was just as good as 
when I made it for others. If I do not realize mv 
ambition to manufacture candy, I shall be obliged to 
go back to Japan. Will you please tell me why the 
public should discriminate against candy made by 
Japanese, and lavishly purchase candy made bj r 
Cxreeks?" (182 S.R.R.) 

Back of this opposition to Oriental-controlled en- 
terprises stand the many instances reported of 
Japanese who have obtained industrial employment 
in the United States, in order to secure experience en- 
abling them to set up competing establishments later 
in Japan. Economic principles recognize that plants 
established in a foreign country compete as directly 
as local establishments in catering to native and 
foreign demands. The willingness of Pacific Coast 
interests to encourage the erection of Oriental indus- 
tries locally would be an exceedingly important fac- 
tor in helping the second generation Orientals to find 
suitable and attractive work. 



CHAPTER XIII 



TRADE 



An increasing number of Chinese and Japanese 
are entering trade and the clerical occupations. The 
federal census shows that of the so-called "colored 
races," 1 ten years of age and over, gainfully em- 
ployed, the number in trade increased from 6.7 per 
cent in 1910 to 7.9 per cent in 1920. The increase for 
males was from 7.2 per cent in 1910 to 8.3 per cent 
in 1920, for females, from 1.5 per cent in 1910 to 
3.9 per cent in 1920. 

The 1920 census showed a much larger number of 
Chinese traders than Japanese, ten years of age or 
over. There were 7,355 male and 122 female Chinese 
engaged in trading at that time, representing almost 
0.2 per cent of the total trading population. The 
Japanese on the other hand had 4,510 males and 369 
females in trade, which amounted to a little over 0.1 
per cent of the total. 

The figures for 1920 are shown in the table on the 
opposite page. 

LICENSING 

Akin to the discussion in the chapter on "Occupa- 
tional Status" dealing with business opportunities, 
there is the question of the licensing of business by 
the state, which was touched on briefly. Under the 
"equal protection" clauses of the Fourteenth Amend- 
ment to the Constitution of the United States, the 
states cannot deny to aliens licenses to engage in 
business unless there is reasonable ground for such 

i The 1910 Census does not classify Chinese and Japanese 
separately, but they comprise most of the group represented. 

284 



TRADE 



285 



Trade 



Occupation 



Bankers, brokers, and money- 
lenders 

Clerks in stores 

Laborers, porters, and helpers 

in stores 

Retail dealers 

Butchers and meat dealers . . . 

Curios, antiques, etc 

Drugs, including pharmacists 

Dry goods and notions 

Fruit 

General stores 

Groceries 

Hucksters and peddlers 

Produce and provisions 

Salesmen and saleswomen 

Wholesale dealers, importers, 

and exporters 

Bookkeepers, cashiers, and ac- 
countants 

Clerks (except in stores) 

All others 

Total 



Chinese 


Japanese 


Male 


Female 


Male 

112 


Female 


26 






796 


29 


408 


97 


327 


6 


325 


30 


4,276 


37 


1,959 


75 


(211) 


• • • 


(32) 


. . . 


(228) 


(2) 


(79) 


(3) 


(147) 


(1) 


(59) 


(3) 


(400) 


(9) 


(130) 


(5) 


(35) 


(1) 


(125) 


(9) 


1512) 


(7) 


(112) 


(1) 


(1.267) 


(7) 


(445) 


(18) 


(292) 


(1) 


(66) 


(1) 


(171) 


(1) 


(219) 


(7) 


1,610 


48 


928 


131 


142 




349 


1 


444 


22 


194 


31 


232 


11 


490 


29 


241 


23 


541 


50 



8,094 176 5,306 444 



discrimination. In 1880 (Statutes of 1880, p. 192), 
California prohibited the issuing of licenses to aliens 
not eligible to become electors of the state. This act 
was declared unconstitutional since the classification 
was not reasonable, and therefore the equal protec- 
tion of the laws was denied. 2 Likewise a Michigan 
statute denying aliens licenses to conduct barber 
shops was declared unconstitutional. 3 



2 6 Pac. C.L.J. 192. 
s 131 Mich. 234. 



286 RESIDENT ORIENTALS 

Hut where there is some reasonable ground fo 
making the distinction, licenses to follow some oc 
cupations can be and are denied to aliens, or higher 
fees are charged for the same. Thus, an ordinance 
of the city of Cincinnati, Ohio, provides that no li- 
censes shall be issued to aliens to run pool and bil- 
lard halls. This was upheld. 4 Massachusetts denied 
aliens licenses to peddle goods in the state and the 
same was upheld. 5 An ordinance of the city of Ni- 
agara, New York, provided that no licenses should 
be issued to aliens to conduct soft-drink parlors. This 
was upheld in Miller vs. The City of Niagara. 6 Like- 
wise, a city ordinance providing that no licenses to 
operate a motor bus should be issued to an alien was 
upheld. 7 

In the latter case, the court said: "Authority to 
use the public highways as a common carrier of pas- 
sengers for hire is not a right belonging to the indi- 
vidual, but is in the nature of a privilege. .... We 
think it fairly may be said that, as aliens as a class 
are naturally less interested in the state, the safety 
of its citizens, and the public welfare than citizens of 
the state, to allow them to operate motor busses 
would on the whole tend to increase the danger io 
passengers and to the public using the highways." 

Mr. Justice Butler of the United States Supreme 
Court, delivering the opinion in the Asakura case, 
May 26, 1924, took occasion to state this general prin- 
ciple : 

The purpose of the ordinance complained of is to regu- 
late, not to prohibit, the business of pawnbroker. But it 
makes it impossible for aliens to carry on the business. It 

4 124 N.E. (Ohio) 129. 

5 195 Mass. 262. 

c 202 N.Y. Supp. 549. 

7 117 Atl. 359 (R.I. 1923). 



TRADE 287 

need not be considered whether the state, if it sees fit, may 
forbid and destroy the business generally. Such a law would 
apply equally to aliens and citizens, and no question of 
conflict with the treaty would arise. The grievance here 
alleged is that plaintiff in error, in violation of the treaty, is 
denied equal opportunity. 

CALIFORNIA AND WASHINGTON LICENSES 

These illustrations show the extent to which a 
state majr deny licenses to aliens in certain busi- 
nesses. They also show that any discrimination 
against aliens in this respect indulged in by the Pa- 
cific Coast states is by no means peculiar to this 
section, but finds a counterpart in other parts of the 
United States. In fact, California at the present time 
is apparently above the average state in liberality in 
this respect. Except for a resolution passed by the 
California Legislature of 1909, 8 suggesting that all 
alien enemies be excluded from business, there seems 
to be little tendency in California today to deny li- 
cences to aliens. 

Likewise, Washington seems to have no state law 
denying to aliens business licenses. In 1921, the city of 
Seattle passed an ordinance providing that only citi- 
zens should be licensed as pawnbrokers in the city. 
But the Supreme Court of the United States 9 in the 
Asakura case supra, held this ordinance unconstitu- 
tional as applied to a Japanese in the United States, 
as violative of the "trade" provision in the treaty 
with Japan. 

OREGON LICENSES 

In 1923 Oregon, however, saw fit to enact a number 
of provisions relative to the licensing of aliens in par- 
ticular businesses. It is provided in the Oregon Laws 

§ 1909 Stats., p. 1510. 
9 265 U.S. 332. 



288 RESIDENT ORIENTALS 

of 1923, ch. 163, that no county, city, town, or munici 
pality shall issue a license to any person not a citizen 
of the United States to engage in the pawnbroker's 
business or in the business of conducting a pool or 
billiard hall, card-room, or dance hall, and any per- 
son engaging in the same not a citizen of the United 
States is guilty of a misdemeanor. It is also further 
provided that no alien is to be licensed to conduct a 
soft-drink establishment, and further, that an alien 
engaged in the business of conducting a grocery 
store, meat market, or fruit stand, when the help used 
is alien, must keep a large card in full view showing 
his nationality and that of his help. This latter pro- 
vision is also applied to aliens conducting a hotel, or 
lodging-house, and a rooming- or apartment house. 
Failure to comply with these provisions results in a 
forfeiture of the alien's license. The law makes it a 
misdemeanor for another person to apply for a li- 
cense, if an alien is to operate the business, and if 
an alien does get a license in violation of the terms 
of the act, the same is declared absolutely void and 
the alien can be prosecuted for doing business with- 
out a license. 

In the case of Anton vs. Van Winkle, 10 the fore- 
going provisions of the Oregon statute prohibiting 
the issuance of a license to an alien to conduct a pool 
or billiard hall was held constitutional and within the 
police power of the state. Evidently, the constitu- 
tionality of the other provisions of this act has not 
yet been tested. 

In explanation of the origin of this law, a Portland 
attorney, B. A. Green, wrote the following, May 6, 
1927: 

I am not in a position to give you the information which 
will be of service to you with respect to the law, as set forth 

io297 Fed. 340 (Ore. 1924). 



TRADE 289 

in your letter. I feel confident that the law as stated was not 
passed on account of a feeling in Oregon with respect to 
Japanese and Chinese, but was part of the national moral 
uplift program, wherein it was determined that all of the 
immorality in the United States was due solely to a few indi- 
viduals who had immigrated here from Southern Europe. 

So far as I know, the law is a dead letter and I am quite 
positive it is not being enforced in any way or manner. I 
have never had occasion to test the law in any manner, and, 
therefore, am not in a position to give you any assistance. 

The Attorney-General of Oregon wrote on May 11, 
1927, that he had no statistics of cases which have 
arisen under this statute, inasmuch as the various 
municipalities are not required to report their cases 
to Salem. 

CITY LICENSES ISSUED 

The nature and number of current licenses to 
Chinese and Japanese on the West Coast are illus- 
trated by these returns from leading Coast cities : 

Chinese and Japanese Licensed to Do Business 

in Portland, Oregon 

No. of 
Business Licenses 

Food establishments 185 

Hotels and rooming-houses 62 

Laundries 28 

Secondhand stores 17 

Clothes pressing 5 

Vegetable peddlers 7 

Scavengers 2 

Pool rooms 1 

Chinese and Japanese Licensed to Do Business 
in Stockton, California 

No. of No. of 

Business Chinese Japanese 

Newspaper 1 

Pawnbrokers 2 1 



290 



RESIDENT ORIENTALS 



Licensed in Stockton— Continued 

No. of No. of 

Business Chinese Japanese 

Peddlers 26 

Physicians 4 

Photographers 2 

Printing office . . 1 

Restaurants 17 27 

Rooming-houses 9 41 

Secondhand stores 3 

Shoe repairs , 1 3 

Shoe store 1 

Soft drinks • .-. 1 16 

Stationery stores 2 

Tailors 1 2 

Theaters '. 3 

Trucks (auto) 1 6 

Vending machines 2 4 

Vulcanizing .1 

Watch repairs 2 

Wholesale 2 1 

Barbers 6 19 

Billiards . 14 

Candy stores 4 

Clothing stores 2 

Contractor 1 

Cyclery 1 

Cigar stores 12 14 

Cleaning and pressing .......... . . 4 

Dentists 2 

Dry-goods stores 2 3 

Drug stores 2 1 

Florist 1 

Express 2 9 

Fruit stores 3 

Grocery stores 8 9 

Herb dealers 9 

Hospital 1 

Interpreter . 1 

Jewelers 1 1 

Laundries 10 1 

Masseur 1 

Meat markets . 5 

Merchandise stores 34 6 



TRADE 291 

Chinese and Japanese Licensed to Do Business 
in Los Angeles, California 11 

Fiscal Year 

1925 1926 

Restaurants 210 296 

Wholesale produce (fruit and vege- 
table) 265 325 

Retail grocery stores 560 598 

Wholesale grocery stores 1 4 

Vegetables and fruit, selling at pub- 
lic markets from vehicles 1000 1221 

Vegetables and fruit, peddling ve- 
hicles 100 143 

Billiard halls 20 24 

Laundries : 21 39 

Garage auto hire 15 22 

Butcher shops 8 14 

Bath and massage parlors 15 19 

Bakeries 6 8 

Confection stores (retail) 212 223 

Cleaning and dyeing plants 4 10 

Cleaning and dyeing (no plant) ... 19 26 

Drug stores 6 6 

Delicatessens 4 3 

Employment agencies 7 8 

Manufacturing food products 6 14 

Loaning money on collateral 2 2 

Photographers 14 18 

Secondhand dealers * 32 39 

Shoe-shining stands 8 5 

Sea food (retail) 17 27 

Apartment houses, hotels, and - 

rooming-houses 416 431 

Garages 12 9 

Trade schools 2 2 

Bicycle repair shops 6 8 

Barber shops 92 112 

Commission merchants 10 26 

Wholesale confectioners 6 6 

11 According to the License Clerk of Los Angeles, April 28, 1927, 
a fair estimate of the ratio of Japanese to Chinese doing business 
would be three to one. Because no license is required in a large 
number of businesses, the list is not complete. 



1926 



292 RESIDENT ORIENTALS 

Licensed in Los Angeles — Continued 

Fiscal Year 
Business -j"925 — 

Horse-drawn vehicles (hauling 

goods, wares, and merchandise) 196 123 
Motor trucks (hauling goods, wares, 

and merchandise) 625 649 

Lunch wagons 6 8 

Nurseries 80 92 

Poultry dealers 17 21 

Sea food (wholesale) 3 7 

Soft drinks 21 43 

Sleeping accommodations 2 2 

Undertakers 1 1 

Veterinary 1 

The licenses for San Francisco are not classified 
bv nationality; at Seattle, the License Division of the 
City Comptroller's Department states that there are 
very few Chinese and Japanese licensed to do busi- 
ness; and at Astoria, Oregon, there are none. 

LICENSES IN BRITISH COLUMBIA 

A comparison of the Oriental trading activities in 
British Columbia and in the states of Washington, 
Oregon, and California, reveals the interesting phe- 
nomenon of Chinese business men predominating 
over Japanese in Canada, while the opposite is true 
in the United States. 

In Victoria nearly all the Orientals having licenses 
to do business are Chinese, in Vancouver the ratio 
of Chinese license-holders to Japanese is 6 to 5, 
while in the province as a whole, the ratio of Chinese 
license-holders to Japanese is 2 to 1. 

A significant feature is that, particularly in Vic- 
toria and Vancouver, the Oriental stores and laun- 
dries are no longer confined as formerly to the 
Oriental districts of these cities, but are now found 
in other business sections, in many cases having re- 
placed or driven out white establishments. 



TRADE 293 

In Vancouver in 1925 the percentages of licenses 
in each class of trade held by Orientals were as fol- 
lows : 

Laundries ..'...... 82* per cent 

Grocers 91 per cent 

Peddlers 72 per cent 

Poultrymen 62 per cent 

Fish-dealers 45 per cent 

Restaurants 33 per cent 

BUSINESS CONTACTS 

The co-operative spirit of the Japanese is evi- 
denced in their business activities; yet, this factor is 
considerably over-stressed, since the problem, irre- 
spective of nationality, is that of buying and selling 
to best advantage. In a good many lines, the Japa- 
nese have their own organizations corresponding to 
American trade and commercial bodies, while thus 
far there has not been much co-operation between 
Orientals and Americans in business. 

Orientals have had to combat the concerted oppo- 
sition of many local retailers' associations. Among 
the organizations which do not admit Asiatics are the 
Seattle Retail Grocers' Association, the Sacramento 
Valley Retail Grocers' Association, the Butchers' As- 
sociation of Alameda, and the Retail Meat Dealers' 
Association of Los Angeles County. Asiatic competi- 
tors are viewed with disfavor because of their low 
overhead and consequent ability to undersell others. 
According to the testimony 12 before the House Com- 
mittee, of Edwin S. Gill, representative of the Seattle 
Retail Grocers' Association, and also attorney and 
credit manager for the Produce Association, it is 
difficult for a white man to meet the competition of a 
Japanese proprietor and his wife, who employ no 

12 Hearings, United States Committee on Immigration and 
Naturalization, House of Representatives, 1920, pp. 1102-1108. 



294 RESIDENT ORIENTALS 

labor outside of their family, except sometimes Japa- 
nese, and who live in rooms adjoining the store. Mr. 
(Jill stated that the number of Japanese grocers in 
Seattle increased from 27 in 1915 to 186 in 1920. 

That the nature of this competition is likewise 
understood by the Japanese appears in an article 
written by the secretary of the Central Japanese 
Association of Southern California, C. Kondo, who 
wrote in Nichi-bei, January 8-9, 1920, as follows: 

It is evident that no matter where our people settle, 
if they continue to regard the making of money as the 
whole end and aim of human life, paying no attention to 
social life and co-operative development, caring nothing 
about American manners and customs, absolutely ignoring 
the (English) language, which is the only means of under- 
standing the political system and ideals of the country, 
creating societies here and forming villages there, insisting 
upon Japan principles, inwardly disliking the education 
which would Americanize their children, holding aloof from 
the society in the midst of which they live, they will en- 
counter the same bitter experience which they have met in 
California. 13 

There are many other cases where successful com- 
petition by the Orientals is due primarily to good 
business methods. F. M. Hudson, Secretary of the Pro- 
duce Exchange in Los Angeles, wrote on May 11,1927: 

I feel more or less confident that a greater number of 
people have observed the method in which the Japanese 
people take care of vegetables, and it is my opinion that they 
prefer to buy vegetables from the Japanese people on ac- 
count of their cleanliness, as you perhaps know they wash 
all their vegetables before presenting them to the trade. This 
is not generally done by other classes of vegetable dealers. 

There are other cases where the Japanese have 
learned that it is frequently good business to take a 
loss. In a communication to the Seattle Star, Decern- 

!3 Hearings, etc., Exhibit J., p. 385. 






TRADE 295 

■ 

her 23, 1922, Mr. H. H. Okuda cited the following case : 

I was attending the City Council meeting on Tuesday, the 
nineteenth of December, considering an amendment of mar- 
ket ordinance prohibiting to sell cut flowers in the city stalls. 
After listening to retail flower dealers' testimonies, I thought 
I may suggest some hint for what I think of the question and 
where remedies lie. 

Florists complain that they lost big money on Easter lily 
business, not because of the dull market, but because of the 
fierce competition of the Japanese dealers. The Japanese 
sold to the public cheaper than they sold to the retailers. 
But why do they sell so cheap? Was that because they could 
still make some profit out of the sales? No, they sold their 
products at considerable loss. 

The trouble was there were over-productions of lilies in 
large quantity for the last season. If white florists get to- 
gether with the Japanese producers they would know before- 
hand that there would be some over-production and would 
be able to prevent the losses some way or other, as they 
could estimate how much public can consume the lilies every 
year. The Japanese suffered heavily for the loss in the lily 
business. 

The practice of the Japanese in depositing their 
savings in Japanese banks for transfer to Japan has 
been a frequent cause of local antagonism in the 
business community. A Japanese who has made a 
careful study of conditions in selected regions of 
California has expressed the opinion that by far the 
greater part of the feeling directed against the Japa- 
nese could have been averted if the Japanese had 
made more use of American banks. It is noticeable 
that, in more than one locality, a great deal of feeling 
is being overcome because the Japanese have trans- 
ferred their patronage to American banks. 

ORIENTAL AND OCCIDENTAL BUSINESS METHODS 

A letter received from a leading merchants' as- 
sociation, May 24, 1927, reads as follows: 

Our Association has excluded Chinese and Japanese 
from membership in the past. We very much doubt, how- 



296 RESIDENT ORIENTALS 

4 

ever, whether this action was taken on account of their 
race, but because of their unethical ways of conducting their 
businesses. Were these conducted along the same lines as 
similar businesses operated by Americans, we do not think 
there would be any hesitancy on the part of this organization 
to permit them to hold membership. 

There is no question but that many American 
business firms have had unpleasant dealings with 
Japanese firms, attributable to a difference in com- 
mercial and moral standards. The Japanese are 
compared unfavorably to the Chinese : the latter are 
almost universally extolled for their faithfulness in 
keeping contracts. On this score of business honesty 
not only business firms but private individuals are 
prejudiced against the Japanese. 

However, but few persons recognize certain- essen- 
tial features in the business standards of countries 
in the Far East. The faithfulness of the Chinese to 
his contract is a part of the Confucian philosophy. 
Both Chinese and American business dealings are 
based largely upon contracts, not always reduced to 
writing, however. The Chinese, more than the Ameri- 
cans, consider personal relations, a feature which is 
strongly stressed by the Japanese. Dr. Sidney L. 
Gulick writes: 

In old Japan, money and all money relations were de- 
spised. Merchants belonged to the lowest class, farmers and 
artisans ranking above them. Sons of Samurai or Bushi 
(warriors) were taught to have no financial dealings what- 
ever. Bushido (the Way of the Warrior) scorned business; 
many Samurai schools refused to teach mathematics on the 
ground that only merchants needed such knowledge. Even 
to this day talk about money is regarded as vulgar. Many 
a man is engaged and enters on a new position without 
hearing or uttering a single word as to the amount of his 
salary. Japanese, in giving fees in hotels and elsewhere, 
always wrap the money in white (i.e., ceremonial) paper in 
order that the money aspect may not appear. 



TRADE 297 

Of course these customs and ideals of old Japan are 
passing away. Commerce is no longer despised. Successful 
merchants take high rank in society. Commercial morality 
is being rapidly developed. The moral obligation adhering 
to contracts and promises is beginning to be widely recog- 
nized and emphasized. The entire Japanese people have 
been entered on a new development of moral life because 
of their social, industrial, and commercial activities and 
organization. 14 

One effect of American residence appears in the 
case of George Shima, who was born in Japan and 
became the most influential Japanese farmer in Cali- 
fornia, of whom it was said that a few years ago he 
contracted to deliver $20,000 worth of onions to an 
American commission merchant of Los Angeles. The 
price of onions, however, dropped, whereupon the 
American merchant advised Shima that he was going 
to back out of his contract. 

He said, "Onions are going down; I won't stand by my 
contract. " Shima said, "Suppose the onions had doubled in 
price and I had refused to deliver, what would you have 
done?" He said, "I would have made you fill your contract." 
And Shima said, "All right, I will make you fulfil your 
contract." 15 

Yet it is unfair to condemn Japanese promiscu- 
ously for laxness at times, since unfortunately this 
failing is common to all peoples on the face of the 
earth. On the West Coast there are many people who 
require no collateral on loans to Japanese, and they 
have never lost a cent. Others have not fared so well. 
It is certainly true, however, that instances where 
Japanese have not fulfilled specified contracts have 
provided the basis for much misunderstanding. For 
example, there is the persistent belief that Japanese 

14 The American-Japanese Problem, pp. 44, 45. 

15 Recounted by Colonel John P. Irish, Oakland, formerly 
Naval Officer of Customs, San Francisco, in his talk at the First 
Congregational Church, Boise, Idaho, January 21, 1921. 



2!>8 RESIDENT ORIENTALS 

in Japan arc so dishonest that Japanese banks must 
employ Chinese tellers. This strange charge was first 
made by an ex-convict from the Minnesota peniten- 
tiary, who had served a term for forgery. Its entire 
untruth has been exploded by the former American 
Consul-General in Japan, and later California State 
Commissioner of Corporations, Mr. Bellows, who 
stated publicly: 

I was eight years Consul-General of the United States in 
Japan, and it was my business to know the finance and 
banks, every industrial district in Japan from Yokohama to 
Nagasaki. I deposited the public funds in the Daichi Ginko. 
I deposited my private funds in one of the national banks. 
I knew every bank in Japan. There never was a Chinese 
cashier in a Japanese bank and there is not now. 16 

In 1925 the Japanese government passed two laws 
known as the Export Guilds Law and the Export 
Manufacturing Guild Law, designed to improve and 
standardize the exports from that country, a further 
indication that the Japanese are changing their for- 
mer business methods to conform more to the com- 
mercial standards of the West. 

The Japanese in America are falling in fairly rap- 
% idly with American commercial procedure, thereby 
tending to remove one of the causes of feeling be- 
tween the two local groups. 

Japanese business firms are co-operating more 
than ever before with American business estab- 
lishments. There has also come about a closer 
understanding between trade and commercial organi- 
zations, which should tend not only to give these firms 
a more profitable basis of operation, but also pro- 
vide new opportunities for employment of Japanese. 

i6 Recounted bj^ Colonel John P. Irish, Oakland, formerly 
Naval Officer of Customs, San Francisco, in his talk at the First 
Congregational Church, Boise, Idaho, January 21, 1921. 



TRADE 299 

The Chinese firms remain more to themselves. 

International hanking and business firms, together 
with chambers of commerce, located on both shores 
of the Pacific, are active in promoting a closer and 
more friendly relationship between Asia and 
America. 

EMPLOYMENT OPPORTUNITIES 

The second generation are not subject to the citi- 
zenship bar which occurs in the case of the first gen- 
eration, although there are many instances of racial 
prejudice which have been directed against them. 
In competitive lines of business, the second-genera- 
tion Oriental is acquiring a more favorable position. 
As enumerated in the chapter on "Occupational 
Status," the chances of securing foreign trade posi- 
tions and of working into non-competitive business 
activities appear promising. The transition from 
agriculture and contract labor to business openings 
is gradual and not easy. The adaptability of the 
Japanese, and to a less extent that of the Chinese, 
however, stand them in good stead as the industrial 
and trade opportunities on the Pacific Coast expand. 



CHAPTER XIV 

DOMESTIC AND PERSONAL SERVICE 

Over half the Chinese gainfully employed in the 
United States are classified under domestic and per- 
sonal service occupations; over one-fifth of the Japa- 
nese are placed in the same category; for all persons 
in the United States, this percentage is one-twelfth. 
According to these census figures, more Chinese are 
listed as laundry operatives than in any other class 
of work whatsoever; the Japanese are more dis- 
tributed, and as barbers, janitors, and restaurant 
keepers are the more numerous. The Japanese 
Northwestern Association shows for Washington a 
total of 1,118 cooks and domestics with 969 dependent 
upon the former; the Oregon Consulate gives a total 
of 150 cooks with 119 dependents. A striking feature 
is the many Japanese women who are not only cooks 
and servants but also barbers. 

The figures shown in the table on the opposite page 
are from the 1920 census. 

BARBER SHOPS 

The International Union of Barbers does not 
admit members of other than the white race; but this 
bar does not alone explain why it is that a Chinese or 
Japanese customer is more likely to be discriminated 
against in a white barber shop than anywhere else. 
The longer hours that the Japanese keep open and 
their lower prices are other important factors. An 
interesting feature is that there were 132 licensed 
Japanese barbers and 107 apprentice barbers (mostly 
women) in Seattle in 1919. Moreover, "almost every 
Japanese barker shop has a laundry shop in the rear 

300 



DOMESTIC AND PERSONAL SERVICE 



301 



Chinese and Japanese in Domestic and Personal Service 

in the United States 



Type of Service 



Barbers, hairdressers, and 
manicurists 

Billiard- and pool-room keepers 

Boarding- and lodging-house 
keepers 

Charwomen and cleaners 

Hotel keepers and managers. . . 

Janitors and sextons 

Laundry operatives 

Laundry owners and managers 

Porters (domestic and profes- 
sional service) 

Restaurant, cafe, and lunch- 
room keepers . 

Bell boys, chore boys, etc 

Butlers 

Cooks 

Miscellaneous servants 

Waiters 

Cleaners and renovators. ....... 

Other pursuits 

Total 



Chinese 



Male 



Female 



82 
12 

94 
8 

82 

219 

11,534 

980 

181 



43 
2 



1,668 


17 


39 


. . . 


16 




6,888 


55 J 


1,329 


77; 


2,766 


44 


5 


• « « 


259 


39 


26,162 


288 



Japanese 



Male 



439 
181 



821 
118 

203 

723 
173 
383 
2,430 
1,849 
637 
179 
416 



Female 



7 


352 


• • 


319 


• • 


537 


2 


603 



112 
4 

78 
22 
42 
22 
251 
2 



36 
4 

501 

824 

171 

21 

267 

2,360 



in which they do laundry work and have their living 

quarters invariably in connection therewith 

They maintain bath facilities in connection." 1 
Women barbers are common from Brawlev to Seattle. 
The barber trade is strongly organized. 

At Seattle the white and Japanese unions are espe- 
cially co-operative, with their representatives in 



1 Testimony of H. C. Pickering, member of the State Board of 
Barber Examiners, and Secretary of the Barbers' Union, Hearings 
before House of Representatives Committee, 1920, pp. 1388-1390. 



302 RESIDENT ORIENTALS 

constant conference. A letter from the Secretary- 
Treasurer of the Journeymen Barbers International 
Union, Seattle, May 13, 1927, describes the nature of 
this understanding: 

Our relations with the Japanese barbers of this city have 
always been most amicable and they have in almost all in- 
stances adopted our own working conditions. They maintain 
their own organization, and do it very efficiently, having a 
greater degree of discipline and co-operation than we have. 

In the past our understanding was that they maintain the 
same hours and prices that we do, but the last time we 
shortened the shop hours and raised the prices charged for 
work, they tried it for a while but later approached this union 
asking that they be permitted to return to the old conditions. 
Please understand, however, that we had no other hold on 
them than their promise and a friendly understanding. 

The Japanese shops are all located in what we call the 
cheap districts and we hardly felt we should try -to hold 
them to a promise that was so manifestly hurting their busi- 
ness. So they have gone back to the old price of 50c for hair- 
cutting and the later closing hour, which is 7:00 p.m. The 
white union shops are charging 60c and 65c for haircutting 
and closing at 6:00 and 6:30 p.m., depending on location, 
equipment, etc. 

One explanation of the Seattle situation is the 
continued patronage of lumberjacks who remember 
the service at the lumber camps during the World 
War. This editorial in the Seattle Star 2 tells the story : 

Seattle is waking up to the Japanese problem. The mails 
keep bringing an ever-increasing lot of letters on the subject, 
and generally the desirability of saving the Coast from the 
Jap invasion is understood. 

Once in a while somebody writes in who is for the Jap 
for a selfish reason. There 's one who signs himself "Ameri- 
can" who is for the Jap because he gets a good shave in the 
Jap's shop: 

"Editor The Star: You seem all het up over the Jap question, 
and the fear that America may become Japanized. Why all the 
anxiety? I believe that the best is none too good for us. 

? October 25, 1919. 






DOMESTIC AND PERSONAL SERVICE 303 



**• 



'Take the barber question. Some of us have hard faces to 
shave, and a barber doesn't make money very fast shaving us. 
So, Mr. White Barber, who is really expert at his trade, goes over 
our hard faces in ten minutes and deliberately massacres them to 
make sure we won't come back. 

"Finally Mr. Hard Whisker tries a Jap shop and encounters a 
different spirit. The Jap is careful and appreciative. The white 
barber is mercenary, and brutal enough to skin you alive, and to 
hope you won't come back. The Jap is altruistic, and manly 
enough to take a pride in his work for the work's sake and do 
his best even though he doesn't make money quite so fast. 

Experienced American" 

Sometime our experienced friend may get enough experi- 
ence to shave his own hard face, and then, with an open 
mind, he may be able to decide the question of the future of 
this Coast on its merits rather than on the harshness of his 
chin whiskers. But other more influential citizens among us 
have but slightly better arguments for the Jap than our tough- 
visaged friend. 

For further details regarding the barber trade, re- 
fer to the Immigration Commission Reports, Vol. 25, 
No. 1, pp. 121-126. 



LAUNDRIES 

The Coast laundry business is particularly inter- 
esting because of the survival of the Chinese in these 
days when the power laundries dominate the in- 
dustry. Census figures for the latter in 1920 reveal a 
truly surprising situation because of California's rank 
as first in the Union in the number of establishments 
(586), second in the number of persons engaged 
(13,233), and second in amount received for work 
done ($22,919,606). The Chinese hand laundries are 
patronized almost wholly by whites; they feel the 
competition keenty, some of them have installed ma- 
chinery; moreover, the character of the competition 
is such that the old-time methods cannot long suffice, 
so in isolated cases we already note the introduction 



304 RESIDENT ORIENTALS 

of some machinery. As an industry peculiar to the 
Chinese, however, the establishment seems doomed, 
for the younger generation displays no interest in 
carrying on. What a quick evolution for this industry 
born on California soil (this business was unknown 
in China), favored by Calif ornians and not subject to 
the restrictive laws enacted in other states. 3 The 
Japanese laundries, increasingly important and like- 
wise catering to the Caucasian trades, make far more 
use of machinery and power. 

A former student of the writer reports this inter- 
view with the proprietor of a well-known laundry at 
Fresno, May 17, 1927: 

Interviewer: What do you think of the Chinese and the 
Japanese? 

Proprietor : Oh, they don't do us any harm. 

Interviewer: You mean Chinese laundries aren't much of 
a factor? 

Proprietor: Yes, there are only a few, unimportant hand 
laundries operating in Fresno, and the competition they 
give us is practically nil. There's not more than a half- 
dozen or so of them. 

Intevriewer : Mostly Chinese? 

Proprietor: No, they are about fifty-fifty, half Chinese and 
half Japanese. 

Interviewer: All hand laundries? 

Proprietor: Yes. There was one Chinese laundry here a 
while back that installed machinery and planned to 
operate as a steam laundry but they couldn't get the busi- 
ness and they finally had to yank out all their machinery 
and junk it and go back to hand work. They can't make 
a go of it in this town. 

Interviewer: That's funny. The Chinese laundries are ac- 
tive at Palo Alto and also up at Berkeley. Do you suppose 
that there are any special reasons for such a situation? 
Do the Chinese employ union labor? 

s See United States Bureau of Labor Statistics No. 370, Labor 
Laws of the United States with Decisions of the Courts Relating 
Thereto, p. 89. 



' DOMESTIC AM) PERSONAL SERVICE 305 

Proprietor: That's just the trouble. They aren't unionized. 
The unions are not very strong on the far side of the Bay 
but San Franciseo is strongly unionized. And Fresno is 
also a strong union town. In faet, that's the principal 
reason they can't make much headway in this town. The 
union labor here refuses to patronize non-union shops 
like the Chinamen run with the result that there is very 
little demand for their services. 

The president of one of the leading laundry com- 
panies in Seattle writes (May 14, 1927) : 

We do not admit Orientals in our organization. Although 
we have a Japanese power laundry here, it does not belong 
to our organization. However, they co-operate with us in 
prices and we find the Japanese good competitors. 

Although we have no rules or by-laws excluding them 
from membership, we have never considered them for mem- 
bership. I do not believe our members would care to accept 
them as such, even though we get along with them and co- 
operate with them in every way. 

HOTELS AND LODGING-HOUSES 

The hotel and lodging-house business is being eli- 
te red on a large scale by the Japanese. There were 
31 1 of these hotels in the state of Washington in 1920 
distributed according to the following localities: Se- 
attle, 232; Tacoma, 49; Spokane, 7; Yakima, 11; Bell- 
ingham, 3; Pasco, 4; Ruston, 1; Shelton, 1; Walla 
Walla, 1; Wapato, 1; Wenatchee, l. 4 Few of these 
rooming-houses are listed either as high- or medium- 
priced; they are patronized by various races, catering 
(specially to the seasonal workers in the canneries 
and lumber camps. In Los Angeles, the progress 
made by the Japanese during the past five years has 
been unusually rapid. 

Their characteristic desire to become managers or 
owners is likewise reflected in Oregon. In the Davey 

* Hearings, op. cit., p. 1358. 



M)6 RESIDENT ORIENTALS 

Report to Governor Ben W. Olcott, August, 1920, it 
is stated that: 

The Japanese are becoming a noticeable factor in the 
business life of Portland, being interested in various lines, 
from card rooms to some of the heaviest of legitimate busi- 
ness enterprises. From reliable sources I learned that 90 
per cent of the smaller hotels and lodging-houses are now in 
their hands and they are gradually extending their operations 
in various branches of trade. One man advanced the theory 
to me that the Japanese have entered the hotel and lodging- 
house business in order to give them an opportunity for 
bootlegging, which he intimated they are now doing, but I 
received no authentic information to bear out that charge. 5 

Oregon now has more stringent laws regarding 
aliens owning or obtaining licenses for rooming- 
houses. The Portland Oregonian announced an 
order of the City Council, March 2, 1921, adopting a 
policy against the granting of further licenses, acting 
upon the recommendation of the Mayor, attributed to 
the absence of co-operation from a local Japanese. 
The Oregon act regarding aliens (Laws of 1923, 
chap. 163) has been described in chapter xiii. 

RESTAURANTS 

In 1919, the Oregon legislature considered the bar- 
ring of women and girls from restaurants run by 
Orientals. The substantial Oregon Voter protested 
this measure because of the peculiar part the Chinese 
have played in Portland's development, its possible 
effect upon relations between America and the 
Orient, and its too inclusive character : 

In this connection, it should be borne in mind that no 
legislation dealing with the rights of Chinese, or other Orien- 
tals who are not entitled to citizenship, should be attempted 
without the most careful forethought and consideration, for 

5 Frank Davey, Report on the Japanese Situation in Oregon 
(investigated for Governor Ben W. Olcott, August, 1920, Salem), 
p. 12. 






DOMESTIC AND PERSONAL SERVICE 307 

few realize today the part in the development of Oregon 
which has been due to the shrewdness, industry, and capital 
of its Chinese inhabitants. 

More than one of Oregon's leading industries of today can 
trace its prosperity and growth in large measure to the good 
will and co-operation on the part of its founders with the 
Chinese business men of this state and their kinsmen across 
the Pacific. 

Oregon's future, especially its trade and commerce with 
the Orient, is too closely allied to the establishment and con- 
tinuance of the fairest of economic, commercial, and finan- 
cial relations with the Chinese, to be jeopardized by any 
rash, ill-considered legislation at this time. 6 

The labor side was presented by Legislative Com- 
mitteeman W. G. Lvnn : 

Senate Bill 183, prohibiting the employment of white 
female persons in restaurants, grills, etc., owned and oper- 
ated by Orientals, was clearly unconstitutional, and for that 
reason failed to pass. But acting on instructions from your 
honorable body at its last session, I took much time and 
care in drawing a bill that w r ould accomplish the ends sought, 
and had it introduced in the House, being H.B. 350. But this 
bill met the opposition of every force brought to bear by the 
hotel and restaurant profiteers, and not obtaining any sup- 
port from those who so strongly advocated it at our last 
annual session, it died in the committee. 7 

As restaurant employees, Chinese and Japanese 
are highly regarded. The executive secretary of the 
Los Angeles Restaurant Association wrote, May 11, 
1927: 

Qualification for membership in the Los Angeles Restau- 
rant Association does not discriminate as to race except the 
colored race with the exception that all members must have 
been born in the United States or have become naturalized. 

Our Association has passed no resolutions or taken any 
action whatever with reference to the exclusion of Orientals 
and no attempt has been made by the Association to ascertain 

6 February 22, 1919. 

7 Oregon State Federation of Labor Year Book, 1920, p. 19. 



308 RESIDENT ORIENTALS 

tin* sentiment of the restaurant men with regard to admitting 
Orientals into the United States. 

If a poll were taken of our members, however, we believe 
that for business reasons, there would be a strong sentiment 
in our midst in favor of admitting Japanese and Chinese 
labor, particularly because of the general inefficiency of the 
haphazard restaurant worker. 

HOUSE SERVANTS 

In public eating-places as well as in homes, the 
cooks and house servants are frequently of a superior 
class. The following four stories depicting, in order, 
an ordinary Japanese cook in a lumber camp, a 
superior Japanese recently from Japan, house ser- 
vants in a prominent San Francisco family, and an 
old-time Chinaman in Stockton, are not overdrawn: 

A was born in Japan in 1883. He has been married 

for sixteen years and has three children, twelve, six, and 
two years old respectively. His wife lived in this country 

for fifteen years but is now in Japan. A came to America 

in 1898, landing in San Francisco. He attended school for 
eight years in Japan, spent two years in American grammar 
schools, and has studied by himself a great deal since coming 
to this country. He is a member of the Congregational 
church. His father was formerly a farmer in Japan but is 
now a pawnbroker and real estate dealer. 

When asked for his vocational history, he gave the fol- 
lowing: 

"Well, I worked as a schoolboy in San Francisco for two 
years and after that I was a cook in different parts of Cali- 
fornia for ten years. Then I did different kinds of contract 
work in the fruit orchards for seven years. In 1915 I came 
to Washington and leased a farm at Winslow and raised 
berries for one year. Then I farmed at O'Brien for one year. 
Then I invested in the hospital at Kent and worked there 
for five years. Four years ago, I came here to cook. I expect 
to stay here now. I make $157.50 a month, besides board 
and room, and my expenses are only about $25 a month." 
(428J, S.R.R.) 

"Mrs. W - of San Antonio had written that she wanted 

me to come and manage a lighting plant which they owned, 



DOMESTIC AND PERSONAL SERVICE 309 

but before my arrival they had sold it. Her son went into 
the automobile business and I went with him as bookkeeper, 
and in addition I did some repair work on the machines 
in his shop. 

"After I had worked in this establishment for some time 
I decided to go to Chicago to try my fortune there, but I did 
not meet with any great success. I stayed at the Japanese 
Y.M.C.A. and after I had been trying to get a job and had 
failed, they offered me the secretaryship of the association 
but I did not accept it. I answered an advertisement for an 
experienced butler who was wanted at Lake Bluff. The lady 
of the house did not like me and so I got 'canned' very soon, 
but the children and an old lady in the household liked me 
and that helped me out in a measure. The aid given me by 
these persons, however, was not sufficient and so I did not 
stay long before the final dismissal came. I went next to the 
Flossmore Country Club near Chicago to wait on tables 
Saturday and Sunday, but got 'canned' after the third week 
because I was so green. I then got a job as waiter at Grand 
Haven, Michigan, but dropped my tray on the first morning 
and immediately the manager wanted to fire me, but the head 
waiter pleaded for me and I was retained. The very next 
morning, I dropped my tray again and the manager called 
me in to dismiss me, but the head waiter told him that it 
would practically be impossible to secure another waiter to 
take my place. I was retained and soon I came to be very 
popular. They called me Sancho and this soon became Sun- 
shine because I used to smile. When September came and 
the busy season was over and only two waiters were needed, 
I was kept as one of them. After a short time the cook de- 
cided to leave and took me with him to Detroit, where we 
worked in a Chinese restaurant; I was third cook. It was not 
long before the other two cooks were dismissed and I was 
asked to serve as a waiter in the Mandarin Room, a position 
which I held for one year. During my stay in Detroit, which 
was from 1915 to 1921, I attended the University of Detroit 
for one year. After our entrance into the War I went to the 
technical school of the Y.M.C.A. and as a result secured a job 
as machinist with the Continental Motors Company. I worked 
in different departments and received the best of treatment 
from the superintendent. One of the foremen, however, did 
not treat me very well and so I went to the superintendent 
and he transferred me to the experimental department. 

"I had now been working for others for several years and 



•*10 RESIDENT ORIENTALS 






this position with the Continental Motors Company paid me 
quite well, so I had been able to save up some money, which 
enabled me to start again in business for myself. I started a 
small hotel in Detroit and also traded in silks. My wife was 
superintendent of our little establishment where we made 
silk table covers, piano covers, and other articles. Our busi- 
ness was going along nicely when the panic came and the 
bottom dropped out of the silk business. The hotel business 
also was wrecked because the prices went down while the 
expenses stayed up. That ended another of my dreams. 

"In spite of my business reversal in Detroit, I look back 
to those years with a great deal of satisfaction because it was 
there that I had my real American life." (606 S.R.R.) 

Mrs. Q had a Japanese couple working for her, her 

first experience with Japanese help. They were both very 
attractive, worked well together, and seemed to love the 
place. The man kept saying, "I stay here five year — I stay 
here eight year — You so good, you so good to us." - 

He made such a beautiful garden and Mrs. Q is so 

fond of flowers that it was a great bond of sympathy between 

them. Mrs. Q spent three evenings a week teaching them 

English, taught the woman with great care how to serve at 
meals, bought her black dresses with white aprons, etc. 

After a while the wife became an expectant mother and 
Mr. Q — — said, "Let 's let her have the baby here, we 'd like 

to have a Japanese baby." So Mrs. Q agreed and they 

told Frank and his wife that they might have the baby there. 
"Oh, no, that wouldn't do," said Frank. "Emperor not like 
that. My wife very patriotic. Baby have to be born in Japan." 

So plans were made for them to leave and go to Japan, 
with great regret on both sides. As the time drew near for 
them to go, feeling became more intense. Toward the last 
Frank would go around murmuring, "Last time I do this — 
last time I sweep this room," etc. Finally it came time for 

the last lunch. When he asked Mrs. Q what she would 

have for luncheon he turned his face away, became quite 
white and finally she saw that he was weeping. Well, she 
said what she wanted, and when it was ready he tried to 
bring the tray into the sitting-room where she was accus- 
tomed to eating it, but could not. He put the tray down on 
the dining table, and burst into tears. His wife brought in 
the tray. She also was weeping, and when she knelt down 
by Mrs. Q 's side and put the tray on a low stand before 



DOMESTIC AND PERSONAL SERVICE 311 

her it was too much for Mrs. Q . She broke down also, 

and they all wept. 

Mrs. Q is not the weeping kind and she was very 

much upset. So were they all, as the final parting drew 
nearer. Then Frank w T ent out into the garden which he had 
so beautifully tended, and took one little flower from each 

plant, to remember them by; this touched Mrs. Q 

most of all, as she loved flowers. She suggested that they 
leave the black dresses and white aprons, as they would 
not need them in Japan, but Mrs. Frank shook her head. "No, 
for memory — ," she said, and there was no more argument. 

They sent another couple to take their places, not nearly 

so competent. After a few weeks had passed Mrs. Q said 

to Frank's successor, "Oh, do you ever hear from Frank and 
his wife in Japan?" 

"What, Frank in Japan? Frank not in Japan — Frank in 
Los Angeles — get bigger wages." 

This incident took all the joy out of Mrs. Q 's connec- 
tion with Japanese servants. She had five or six families 
after that, but never allowed herself to believe what they 
said, too literally. Her feeling was that they took long and 
devious and unnecessary pains to deceive and she was not 
going to be taken in again. Now, however, as she looks back 
she thinks that perhaps Frank and his wife did not like to 
tell the real reason for their going. In other words, perhaps 
the tears were sincere, but the reasons given were a make- 
shift. In any case, this incident spoiled her relations with 
Japanese servants, as she had lost confidence in her own 
power of judging them. (260 S.R.R.) 



B is cook and general houseboy for a physician at 

Stockton. He has worked in the employ of this family for 
fourteen years. He has a wife and two children. One of his 
children is in Stockton High School; the other is in business 
in San Francisco. I spent the night in the home of this 

physician, as a guest, and while there B told me of his 

experiences in America: 

"I came to America twenty-two years ago. I was then a 
very young man, but I am a grandfather now. My home was 
in Canton, China. I came to America with my uncle, who 
opened a shop in San Francisco. He made a great deal of 
money but took sick and died. I decided to try farming, as 
my father had been a farmer in China. I had saved a little 



♦'512 RESIDENT ORIENTALS 

money in San Francisco and had a number of friends in 
Stockton, so took the steamer for Stockton. 

"I went to work on a nice ranch ten miles from Stockton, 
where there were many Chinese boys working. We worked 
very hard from sunrise to sunset. We w r ore Chinese hats and 
ate Chinese food. We all lived together in one bunkhouse. 
Our employer paid the Chinese boys six to ten dollars a 
month, and if there was a good crop, he gave us a bonus, 
sometimes of twenty dollars, sometimes of fifty dollars — we 
never knew how much we were going to get. 

"When we had a holiday, we put on American clothes 
and walked to Stockton, where we had a good time with the 
other Chinese boys and the Chinese girls. 

"The ranch owner was very kind. So was his wife. His 
children used to play with us at the bunkhouse. After work- 
ing five years for him, he made me the bunkhouse boss, and 
I made good money at this. 

"Ry this time I had money enough to get married, although 
most of my Chinese friends did not get married because it 
would cost too much. I wrote to my family at Canton to find 
me a wife, and after a long time another uncle came with a 
nice girl to San Francisco. I had to meet them at the Chinese 
boat wharf and in a few days we had a happy wedding. 

"My employer and his wife at Stockton were very kind 
and gave us a new cabin and presents. My wife was very 
happy, though homesick sometimes at first. 

"After a while we had two babies, a boy and a girl. Then 
our employer went to Los Angeles, and the new 7 owner of the 
ranch, who did not like Chinese, made life miserable for us. 
He cleaned up the ranch and made some very hard rules. My 
wife was afraid of him because he swore so much. One day, 
he became very angry at the baby because she was playing 
in the flower-bed. He scolded the baby and my wife. I went 
to his house and told him to give me my pay. I said I would 
go to Stockton with my wife and babies, as there was too 
much swearing around the little babies." (266 S.R.R.) 

COMPETITION WITH FILIPINOS 

Oriental domestic servants are at a premium, 
which has given a big chance to the recent Filipino 
migrant. A survey in February, 1927, of seven Ori- 
ental employment agencies in San Francisco, and of 



DOMESTIC AND PERSONAL SERVICE 



313 



two in Oakland, disclosed that the demand for Ori- 
ental domestic servants has increased since 1924 in 
spite of a rather unfavorable labor market for wage- 
earners as a whole. As far as Chinese and Japanese 
are concerned, the demand seems to follow the sup- 
ply, but there is always an over-supply of Filipinos. 

Because of their greater skill, the Chinese are pre- 
ferred for positions as cooks, and because of their 
youth and good looks, the Filipinos are preferred for 
positions in public places, such as hotels, apartment 
houses, etc. But for other positions in domestic em- 
ployment, the Japanese are preferred because of 
their greater experience, energy, and initiative. 

The wages paid to Orientals for this kind of service 
are about equal to those paid for the same work to 
Caucasians. Filipinos, however, do not command as 
high wages on the whole, as do the Japanese and 
Chinese. 



Average Monthly Wages by Occupations and Nativity in 
San Francisco, 1926 (Estimated Figures) 



Occupation 


Japanese 


Chinese 


I : - l_j : 

Filipinos 


Highest Average 


Highest 

$150 

90 

100 

90 

80 


Average 


Highest 


Average 


Cook 

General housework 

Butler 

Janitor 

Porter 


$125 $95 

100 80 

100 85 

90 70 

90 65 


$95 

80 
85 
70 
65 


$100 
85 
90 

85 
80 


$90 

80 
75 
80 
65 







The Chinese have the best reputation among em- 
ployers for willingness to stay long on one job. The 
Filipinos, on the other hand, are the most unsatisfac- 
tory in this respect. The Japanese, unlike the Chinese, 
are too ambitious to remain at one post if there is a 
better chance for them elsewhere. The vouth of most 



;*M RESIDENT ORIENTALS 

of the Filipinos may account for their inconstancy, 
hut it is also the reason for their greater popularity 
in positions where a good appearance is required. 

COMPETITION WITH WHITES 

The nature of the competition with white workers 
was explained by the Secretary of the Cooks and 
Waiters' Union at Tacoma: 

We try to maintain a decent hour for the women and 
girls in this city in the catering industry. The Japanese by 
their low standard of living can work so much cheaper, and 
they work much longer hours in those restaurants. I know 
women that work all day in the barber shop, and practically 
every Japanese barber shop in the city has a laundry, and 
they do the laundry work in the back room, and some of it 
they send out, and they bring it back and they iron it, and 
this Japanese woman, when she is not shaving a man, is in 
the back room doing the laundry. They compete with us in 
the laundry industry and in the catering industry, and they 

keep us down, especially in my industry I have often 

had men arrested (who let women work longer than the 
state law allows them to) . . . . and I never have got a 
conviction yet. There may be a law, but it does not work 
out. 8 

The Japanese have built up a very good business, 
also, in furnishing house-cleaning service on either a 
time or a job basis. The San Francisco telephone 
directory lists 51 such firms. 

THE TRADITIONAL CHINAMAN 

The old-time Chinaman, however, famous in Cali- 
fornia's history, is now passing fast. Whereas a few 
years ago hundreds of mansions on Nob Hill were 
managed entirely by these servants, now not many 
of these domestic employees remain. Likewise as 
proprietors of mysterious stores and small shops, and 
especially as restaurant owners, they have earned a 

s Hearings, op. cit., p. 1385. 



DOMESTIC AND PERSONAL SERVICE 315 

noted reputation. "The Story of Ling Joe of Tulare," 
told by Rev. Mr. Benjamin Gould of the First Con- 
gregational Church there, is a simple, friendly, and 
not untypical character study: 

Ling Joe was not a member of our church, or of any 
Christian organization, so far as I have been able to discover. 
He lived in Tulare for many years — over thirty, but exactly 
how long I have not been able to discover. During the entire 
period he has conducted a restaurant. His business has been 
freely patronized by all classes of citizens — ranch hands, 
business and professional men, travelers, etc. He is reputed 
to have died worth considerable money. His business integ- 
rity has always been of the highest. His credit at the local 
banks ranked A-l. His spirit of philanthropy was pro- 
nounced. During the hard times ol the 'nineties here it was 
the rule in his establishment that no one went hungry. The 
workless ranch hands w T ere fed — "when you find work, you 
pay me, that all right," were his words. During the San Fran- 
cisco earthquake and fire he closed his restaurant to custom- 
ers for several days and spent the whole of his time cooking 
food to be sent to the refugees. This has been always his 
spirit. During the war he subscribed generously to the 
Red Cross and bought Liberty bonds. His children attended 
American schools and are American rather than Chinese in 
their attitude toward life. Two of them are respected mem- 
bers of this community now. I conducted his funeral on 
April 22, 1924, which was attended by practically all the 
business men of the community and was one of the largest 
funerals I have seen here. The leading business men of the 
community acted as pall-bearers. The body was shipped to 
China. His widow, however, declares that she will be buried 
here in Tulare when her time comes. 

As to your general inquiries. There is only a small group 
of Chinese here, of whom the Joes are the center. I would 
judge that there is no prejudice against the Chinese. There 
are isolated groups of Japanese, but not a large number. 
There is no conflict of pronounced irritation. There are the 
ordinary prejudices that prevail everywhere against the Japa- 
nese. In my inquiries, however, several business men spoke 
highly of Japanese business integrity, though declaring them- 
selves as hating the whole race. Some qualified it by saying 
they hated the Armenians the most. That of course is good 
Americanism to a lot of folks yet. (B-808 S.R.R.) 



:*1(> RESIDENT ORIENTALS 

NON-INTEREST OF SECOND GENERATION 

In the field of domestic and personal service, 
therefore, the traditional callings which were so 
characteristic of the early Chinese population on the 
Coast are not being followed by their children. In 
the case of the Japanese, very few of the secon< 
generation are interested in this kind of work. 

Regardless of the more remunerative and mor< 
plentiful opportunities in these occupations, the 
American-born Chinese and Japanese concentrate on 
other vocations. 









CHAPTER XV 



PROFESSIONS 



The 1920 Census enumerates the Chinese and 
Japanese in professional service as follows: 




Actors and showmen 

Actors 

Showmen 

Architects 

Artists 

Authors, editors, and reporters. . . 

Chemists and metallurgists 

Clergymen 

College presidents and professors. 

Dentists 

Designers and inventors 

Lawyers 

Musicians 

Osteopaths 

Photographers 

Physicians 

Teachers 

Technical Engineers . . 

Civil Engineers 

Electrical Engineers 

Mechanical Engineers 

Mining Engineers 

Trained Nurses 

Veterinary Surgeons 

Other Professions 

Semi-professional 

Attendants and helpers 

Total 



Chi] 


iese 


Japanese 


Male 


Female 


Male 


Female 


26 


2 


97 


17 


(23) 


(2) 


(60) 


(15) 


(3) 


. . 


(37) 


(2) 


3 


. . 


12 


• • 


5 


4 


90 


5 


12 


. . 


111 


2 


14 


. . 


39 


• • 


19 


• • 


98 


1 


6 


. • 


16 


1 


18 


1 


97 


• • 


9 


1 


31 


1 


4 


• • 


13 


• • 


7 


2 


11 


13 


5 


• • 


3 


• • 


15 


4 


147 


2 


74 


5 


105 


1 


30 


10 


46 


57 


34 


• • 


36 




(18) 




(8) 




(7) 




(10) 




(8) 


• • 


(17) 




(1) 


• • 


(1) 




. . 


10 


• • 


27 


1 


• • 


4 




56 


. . 


55 


3 


65 


10 


125 


15 


8 


2 


14 




411 


51 


1 , 150 


145 



317 



318 RESIDENT ORIENTALS 

The tabulation shown should be considered along 
with "public service" occupations described in the 
next chapter; similarly, colleges and universities 
have accorded business a professional status. Thus, 
the usual definition of a "profession" does not always 
follow the federal Census classification. 

LAWYERS 

In the United States, liberalitv is shown in not 
denying to aliens the right to enter and practice a 
profession. The only exception is that of law.)Since 
a lawver is an officer of the courts in which he is 
admitted to practice, it is apparent that the restric- 
tion of this privilege to citizens of the state is logical 
and consistent with safe governmental practices. All 
such restrictions are common to all states. They 
have their justification in the conception that a voice 
in any government is of necessity restricted to the 
citizens thereof. 1 Washington follows suit. 2 In Cali- 
fornia, a person must be a citizen of the United 
States, or a resident of the state who has bona fide 
declared his intention to become a citizen of the 
United States, in order to be admitted to the bar of 
the state; and if a license is issued to a declarant it 
may be revoked if he does not become a citizen 
within a reasonable time thereafter. 3 In the Cali- 
fornia Code of Civil Procedure, par. 275, added by 
statute in 1921, it is provided that alien declarants 
previously admitted to practice law, must complete 
their naturalization in one year. 

Attornev-General John H. Dunbar, of the state of 
Washington, writes: 

We have made a search for a statute restricting profes- 
sions to citizens, but we do not find any. 

i 61 Met. 58; 90 N.Y. 584; 10 N.C. 355. 

2 30 Wash. 234. 

3Cal. C.C.P., 274, and 301. 



PROFESSIONS 319 

The law setting out the requirements of physicians and 
surgeons, which is too long to be set out in full here, is 
Section 10008, Remington's Compiled Statutes (1922), and 
that relating to dentists is 10030, Remington's Compiled 
Statutes. By Sections 2334-1 and 2334-2, Remington's Com- 
piled Statutes, aliens who claimed exemption during the 
World War cannot be employed on any public work. 

There are few Japanese attorneys in America be- 
cause the immigrants were farmers or fishermen, 
who cannot become naturalized even if they should 
wish to have a public practice, while very few of 
their children are of age. In the instance of the Chi- 
nese, the latter know that an outstanding American 
lawyer has more influence than any one of their race, 
or any other race, could possibly enjoy. Thus, while 
the Chinese and the Japanese include in their num- 
ber many who know the law even if they cannot or 
do not choose to practice it, experience has shown 
that in all legal cases of marked importance, it is 
well to secure the services of a native white attorney. 

No Chinese or Japanese lawyer can practice in 
any of the state or federal courts. 

PHYSICIANS AND DENTISTS 

The medical and other professions are open freely 
to foreigners, a considerable number of whom pur- 
sue their advanced work here. Often it is difficult 
to arrange an interneship in medicine, laboratory re- 
search opportunities in science and engineering, or 
positions in engineering works for an Oriental grad- 
uate. There is also the question of attracting Cau- 
casian clients to the practicing professions, yet this 
difficulty does not appear great. Judging by the 
willingness of persons of every nationality to consult 
Chinese herb doctors, Hindu sorcerers, and gypsy 
fortune-tellers, how much more likely for an estab- 
lished, dignified practitioner to attract business? 



:*20 RESIDENT ORIENTALS 

Personal statements by Orientals in California 
furnish a guide for our appraisal. The following in- 
terview was secured with a thoughtful dentist in 
southern California, who has been in the United 
States for eighteen years, receiving his higher edu- 
cation here: 

There are about fourteen or fifteen dentists and about 
twenty-six Japanese doctors in Los Angeles. There are sev- 
eral graduates from law schools but only one lawyer, 
owing to the impossibility of a Japanese obtaining citizen- 
ship, and the small number of native-born adult Japanese. 
The law-graduates act as court reporters and go-betweens 
for the Japanese in business dealings with Americans, and 
as advisers to the Japanese. He says it is a great problem 
with Japanese parents, how to advise their children in the 
matter of an education. The opportunities for doctors and 
dentists are very good, and for law students along certain 
lines; and the opportunities in Japan are good for engineers 
but are not good in this country. 

He told the experience of one of his friends. The boy 
was a student and was working in the family of the presi- 
dent of the Southern California Telephone Company. He 
was quite gifted in drawing, had studied drafting some in 
Japan, and one day he showed his employer a drawing he 
had made. The man recognized his ability and offered him 
a position as a draftsman w T ith the Telephone Company. The 
boy accepted and worked for the company for ten years. 
He had the confidence of the president, everyone in the 
office recognized and admitted his skill and ability, and yet 
during the ten years, other men of no better ability came in 
and were promoted right along, while he stood still. Finally 
he grew disgusted. "What is the use?" he said. He gave up 
his w T ork, went back to Japan, and is now the vice-president 
of a small steamship company. 

The Japanese are very much worried over the threat- 
ened barring of citizenship to their children. Heretofore 
they felt they could educate them >to be American citizens 

but Dr. A- said, "If they cannot be American citizens, 

and if they live here, are educated here, and speak nothing 
but English, they cannot be Japanese citizens, and they will 
belong to no place. A man was in the office the other day 
and he said, 'I do not know what to do about my children. 



PROFESSIONS 321 

I want them to learn English and be Americans. But if they 
cannot be citizens then I must send them to the Japanese 
schools and teach them the Japanese language because some 
day they may want to go back to Japan.' " (242 S.R.R.) 

CHEMISTS AND ENGINEERS 

Chemistry and electrical engineering positions are 
especially difficult to secure: 

After graduation I tried to secure a position but the 
supply of chemists was greater than the demand. I then 
returned to Hawaii, where I held a special research position 
for a short time. A fund which had been provided by one 
of the sugar companies made provision for this, but when 
the work had been completed my position terminated. I 
was unable to find any other position as a chemist and so I 
sailed for California. I have been watching the advertise- 
ments but as yet have not been able to locate. I should like 
to work for some time and then take further work in physi- 
ological chemistry or pharmacy. I am thinking seriously of 
adding pharmacy to my chemistry so that I will have two 
fields from which to choose. If I can work to advantage in 
the United States I will remain here for some time. Other- 
wise, I will return to Japan. (B108 S.R.R.) 

As I see it the biggest problem the young people have to 
face is that of a vocation. I have come into touch with this 
problem because I raised and educated my brother who 
came from Japan when he was four years old. He grad- 
uated from Stanford University and took one year of post- 
graduate work, specializing in chemical engineering. He 
was very optimistic and hopeful throughout his course but 
his experiences after graduation brought a change in him. 
The placement bureau at Stanford made a very earnest 
effort to place him and he had splendid recommendations 
from his professors because he had made an excellent scho- 
lastic record, but all to no avail. He made application after 
application but was turned down. Several employers said 
that they recognized his ability but the other employees 
would object, so that he could not be employed. It seems 
also that chemical establishments hesitate to employ aliens 
who might come into possession of some of their secrets. 
After this had been going on for some time I advised him to 



:*22 RESIDENT ORIENTALS 

go to Japan. 1 had foreseen this difficulty he was encounj 
tering and so had encouraged him to learn the Japanese 
language to be prepared for such a situation. When he had 
become thoroughly discouraged he decided to return to 
Japan. He had had some rather peculiar ideas about Japan, 
but some time after his arrival there he wrote to me that he 
was delighted with things as he was finding them and was 
prepared to remain there. He was thankful that I had in- 
sisted on his learning the Japanese language. He stated that 
his American education would be very valuable to him, but 
his ability to use the Japanese language was invaluable. This 
combination would mean very much to him. 

The vocational problem is a serious one because the 
Japanese have no factories and no big business establish- 
ments which can absorb the college graduates. Just at pres- 
ent the problem is not serious because there have not been 
enough persons of this sort, but in the years to come there 
will be more of them. Just recently one of the newspapers 
had an editorial to the effect that the young people should 
secure professional training because there would be room 
for a number among the Japanese. (640 S.R.R.) 

I was born in Hawaii, where I received my high-school 
education before I came to California. My parents could use 
but little English and so I learned to speak Japanese. In 
addition to this, my parents insisted that I attend the Japa- 
nese language school, which I did even though I did not 
enjoy it to any great extent. When I was in high school, 
about the third year, I began to realize the value of the 
Japanese language and was glad that I had studied it; I saw 
that it would be useful to me no matter what my vocation 
might be because I would have to deal largely with Japanese 
people. I have observed that many of the American-born 
have difficulties because they cannot use their mother 
tongue. As yet they will not be accorded places in Ameri- 
can establishments, no matter if they are citizens and can 
use the English language fluently; they will still be looked 
upon as Japanese, as foreigners. 

A friend of mine, who came to America when quite 
young, recently graduated from Harvard University and 
came to Los Angeles to look for a suitable position, but has 
been unable to find one. He is now w r orking as a janitor, to 
get money to return to Boston, where he will have a better 
opportunity. I know several Hawaiian-born boys who grad- 






PROFESSIONS 323 

■ 

uated from high school in California and are now doing 
common labor. They speak English well but are unable to 
secure positions to their liking. These people do not seem 
to be embittered because they realize that they belong to a 
race against which there is prejudice and so are inclined 
to accept the situation. 

American-born Japanese have difficulties when they try 
to make their way in Japan. A person with a good technical 
training in a field which is just beginning to develop in 
Japan stands a good chance. A friend of mine who grad- 
uated from Stanford University in Civil Engineering was in 
the engineering corps in the army during the World War, 
after which he went to Japan where he secured a position. 
Without doubt his experience with the army engineers 
helped him considerably in securing this position. 

There is prejudice against the Japanese, but I realize full 
well that there is some just reason for some of it because of 
the behavior of some members of the group. I have told 
many persons that they should amend their ways for the 
good of our group. When I go to some of the grocery stores 
and note how poorly dressed some of the women are and 
how unkempt some of the children are, then I actually feel 
ashamed of them. I think that the men should be more 
particular about the dress of their wives and then there 
would be less opposition. At times I have been embarrassed 
when certain persons have been reading Japanese news- 
papers and talking loudly in that language on the street-cars 
on which I have been riding. I think it would be better if 
they refrained from carrying on such practices. I have had 
no difficulty in getting on with Americans, but I do not 
want anyone to do objectionable things which will arouse 
opposition against me or any other member of my racial 
group. 

I am now a practicing attorney, the only Japanese at- 
torney in Los Angeles who has been admitted to the bar. 
I had looked forward to medicine and had taken a course 
in pharmacy at the University of Southern California, but 
my plans to continue in medicine were altered when the 
university discontinued the medical school in 1919. I did 
not have sufficient funds to go away to medical college, so I 
entered the University of Southern California Law School. 
I expect to make a living here, but there are no Japanese 
who are able to pay large fees, so one must not expect to 
amass wealth. (B 110 S.R.R.) 



:*2I RESIDENT ORIENTALS 

An extremely valuable insight into the situation 
is afforded by Mr. Albert J. Capron, Secretary of the 
Society of Engineers, San Francisco Bay Region, who 
gives the combined judgment of a large employer 
and himself in his letter of May 26, 1927: 

There has been set up a series of questions covering the 
situation; each being a personal deduction in consequence 
of experience, I was somewhat loath to answer these ques- 
tions without consulting with another, a very large em- 
ployer, to learn what his reaction had been and he has 
helped me in this reply and we are fully in accord. It is 
hoped, therefore, that this may be of value to you in helping 
to solve the problem in the employment of foreigners. 

It must be understood in the tabulation of questions and 
answers hereto attached that those answers come from an 
employer and have his point of view, while mine come from 
experience in placing various types of engineers, who num- 
bered more than 2,500 in all during the past four years, and 
my personal reaction is a deduction from these experiences 
and conversations with the various employers. My friend 
who answers the questions in the set-up has a very large and 
charitable heart and generally assumes the position of "big 
brother" and, like myself, is trying to help all people who 
come under his observation along. 

1. Color line. 

Ans. Though color acts as a demarcation, there really should 
be no objection to color. It is a prejudice that will be over- 
come. 

2. Non-assimilative character. 

Ans. There should be no objection to full assimilation to 
mixed personnel in the professional activities, and it has been 
my observation that this holds true in a well-balanced office, 
proportional to the intelligence of the individuals concerned. 
I have noticed mutual fraternization in certain social rela- 
tions. I recognize, of course, that it stops at this point. 

3. Inadaptability to American thought and action. 

Ans. Wherever I have employed Oriental help, it has proven 
capable of handling the work. In fact, Oriental patience seems 
to be an advantage for certain phases of a draftsman's duties. 

4. Objection of American employers to placing full trust in 

"foreigners." 
Ans. I have never found it necessary to place any great re- 
sponsibility on such help, but see no reason why it could not 



PROFESSIONS 



325 



be done. In fact, certain types of Orientals prove quite trust- 
worthy. 

5. Temporary character of service. 

Ans. Owing to the temperament of the Hawaiian and the Fili- 
pino, I must admit they are quite transient. With the Japa- 
nese I have had no experience. With the Chinese, I have found 
the best of dependableness, never failing to be at their sta- 
tions when expected. 

(Comment by Mr. Capron: But few Japanese hold posi- 
tions. Generally speaking, while inclined to be dominant in 
demeanor, yet they are diplomatic.) 

6. Most foreigners come here to "learn American ways and 
methods." 

Ans. It should be quite natural that all who come within our 
gates endeavor to learn American ways and methods. I must 
agree that this type of help makes every endeavor to condi- 
tion themselves for their work; at least, apparently so. 

7. Plenty of Americans from whom to draw employees. 

Ans. While it is true that there seems to be a large supply 
of Americans from whom to draw to fill our workshops, it 
must not be overlooked that a large percentage of American 
youth is of a carefree, indifferent nature and their more ma- 
ture brothers are rather independent ; whereas the other tj^pe 
of help in so far as I have come in contact with them, seems 
to be more obedient and productive. 

8. "Big brother" teaching by certain sects. 

Ans. "Big brother" refers to the tendency- of teachers to im- 
press upon Filipinos that we are their "big brothers," on 
which they presume for social intercourse. 

9. Presumption on their part to close personal association. 

Ans. It is true that there is an affectionate endeavor on the 
part of Oriental personnel to establish close association, which 
should be expected. Their friendships are few and it behooves 
them to cherish their acquaintances. 

10. Inability of foreigners to thoroughly understand instructions. 

Ans. I have had no trouble in having my instructions fully 
carried out to the letter. When I find that this cannot be done 
I immediately disassociate myself from the individual. 

11. Technical terms not easily translated into other languages, 

hence much time lost in conveying these terms to foreign 
employees. 

Ans. I have concerned myself only with men who have quali- 
fied themselves to serve under me, experts in their line. What- 
ever help I have come in contact with seemed to possess the 



326 RESIDENT ORIENTALS 

necessary ability to handle the terminology of the art. There 

is among them a type of intellect that I have come in contact 

with, but not employed, that certainly seemed handicapped in 

this respect. This condition I find prevails with my own 

countrymen. 

« 

12. Time being money, employers are loath to give much time in 

making them understand, even though they are not always 
satisfied that instructions are properly understood. 

Ans. No employer should employ an individual, who, in time, 
would not develop to justify his instructions. I have been 
very fortunate in this respect, to get a just return for any 
moneys expended for help of this type. 

13. Chinese and especially Filipinos are not accustomed to mak- 

ing time count. 

Ans. To the contrary I have found Chinese help most faithful, 
and to date have had no full-blooded Filipino under my 
jurisdiction. From what I grasp from others, there are not 
many Filipinos in scientific work. 

14. Most foreigners have no intention of remaining in the United 

States. Their intention is rather to "learn American meth- 
ods" and return to their native land. 

Ans. I have found pleasure in urging foreigners to make their 
staj r under my jurisdiction for a definite period, with the 
intention of returning later to their native land to carry 
on their work to the credit and advantage of their mother 
country, but quite to the contrary I have found that they have 
had a preference to remain in our own country. I can not 
recall a single case where any Oriental has left me to return 
to his native land. 

15. Employers who are building their forces feel that instruction 

is often lost. 

Ans. In a large engineering organization, the responsibilities 
are so subdivided that it is possible to have a corps of em- 
ployees handle the routine duties of the office with such ease 
that the loss of a few of the personnel could be readily read- 
justed among the remainder, until the replacement can be 
made. I therefore have no fear in the loss of an individual 
employee. 






16. Most foreigners will work for low pay, thus demoralizing the 
morale. 
Ans. To the contrary. Any Oriental with whom I have come 
in contact has always endeavored to get a maximum wage. At 
no time have I found opposition to this viewpoint. 

(Comment by Mr. Capron: I disagree in part with this 
answer. My business being largely in the line of employ- 






PROFESSIONS 327 

ment, I find especially that the newly arrived is quite willing 
to accept employment at any price. Indeed, I know of 
several concerns which have displaced Americans by equally 
skilled foreigners simply because the latter would work for 
cheaper wages.) 

17. General distrust of foreigners. 

Ans. In general, I cannot say that I have reason to distrust 
their type, but must admit that there is an occasional instance 
where precaution must be taken. I have found that the type 
of men whom I have chosen possess the finer qualities of 
manhood. 

18. Certain influence among working classes against the employ- 
ment of foreigners carries weight with employers. 

Ans. To my judgment, a mixed personnel drawn from the 
various corners of the earth, grouped under one organization, 
can do more toward the development of an organization, than 
the idea of exclusion of certain elements. My theory is that 
our mentalities and our personalities are but the reflection of 
our own thoughts. 

19. Few Americans will or would submit to taking orders from 

ranking foreigners, should they become such. 

Ans. It should not be expected that any Orientals would take 
positions of responsibility, placing them in position to give 
orders to Americans. It is my idea that such help be kept out 
of executive positions as long as men of our own citizenship 
are available to fill such places. 

20. "Put none but Americans on guard" is an undertone of 

thought. 

.4ns. I make no comment, but suffice it to say that the Ameri- 
can people are able to protect themselves from any unscrupu- 
lous element, should the occasion warrant it. 

The inherent good will toward Japanese engineers 
was expressed in 1913 by Mr. Robert Sibley, the 
present executive manager of the University of Cali- 
fornia Alumni Association and president of the San 
Francisco Electric Development League: 

The era ahead, both for Japan and this country, will be 
one of tremendous commercial activity. Especially will the 
future engineers of this Western Coast be burdened with 
activities in the countries bordering on the Pacific Ocean. 
The close relationship in engineering lines, even thus early 
being formed with Japanese engineers and commercial in- 
terests, will be immeasurably heightened in the near future. 



i*28 RESIDENT ORIENTALS 

The .la panose student in our American Universities will 
aid materially in forwarding this friendly relation. In doing 
this, your actions will indirectly reflect upon the national 
life of your nation by raising to even a higher standard the 
admiration and respect for you now held by your brother 
nation here in America. Indeed, thus will each embryo 
Japanese engineer now in an American University raise to 
more lofty heights than possible by human voice, that cry 
of Japanese patriotism known the world over, "Banzai Nip- 
pon." 4 

LOCATION IN AMERICA OR ASIA 

Whether to locate in America or to reside in Asia 
is a knotty problem for the younger generation. An 
earnest, able student expresses himself forcibly: 

lf it is so hard for us to get into suitable vocations here, 
why don't we go back to Japan?" we are frequently asked. 
Only a few days ago I was walking, across the Quad on our 
campus with an American classmate, and he turned around 
to me and said: "Gee! you fellows are lucky! Look at the 
great advantage you American-educated fellows have over 
the rest of your people when you go back to the old coun- 
try." I suppose his attitude reflects that of most Americans. 
"Well," I should like to ask, "what do you mean by going 
back to our old country? We've never been there in the first 
place." Most of us were born here, and we know no other 
country. This is "our old country" right here. 

As to having advantages over the people in Japan, we 
have the wonderful advantage of being quite unable to 
speak their language or read their papers, of being totally 
ignorant of their customs, history, or traditions, of holding 
different ideals, of thinking in different ways. Yes, we have 
as much advantage over the people of Japan as a deaf-mute 
has over a man in possession of all his faculties. An Ameri- 
can would have an infinitely easier time in Japan than w r e 
would, for they would excuse a foreigner if he made mis- 
takes, but we, with our Japanese names and faces, would 
have to conform to their rigid standards or else be "queer." 
As for advantage in education, with some of the Universi- 
ties over there like Imperial, Waseda, and others ranking 

4 From the Berkeley Lyceum, sl publication of the Japanese 
Student Club of the University of California, March, 1913. 



PROFESSIONS 329 

, 

with the leading Universities of the world, what chance 
have we products of the American rah-rah system against 
their mature scholars? The trouble with us is that we have 
been too thoroughly Americanized. We have attended 
American schools, we speak English exclusively, we know 
practically nothing of Japan except what an average Ameri- 
can knows; our ideals, customs, mode of thinking, our whole 
psychology is American. Although physically we are Japa- 
nese, culturally we are Americans. We simply are not ca- 
pable of fitting into Japanese society, so we are destined to 
remain here. 

Yet, placed as we are between the devil and the deep 
sea, some of us are willing even to take the chance of going 
to Japan to seek our fortunes there. 5 

The statements of Pacific Coast college * . 

ment offices, which appeared in chapter viii, shio^d 
be considered along with the information in tru 
ent chapter. 

5 Kazuo Kawai, "Three Roads, and None Easy," Survey 
Graphic (May, 1926), p. 165. 



CHAPTER XVI 

PUBLIC SERVICE 

Least of all in the field of public service should an 
alien of any nationality feel that he is subject to dis- 
crimination. The very fact of his non-citizenship 
status implies an established loyalty to another coun- 
try, consequently a perforce lessened interest in any 
other sovereign state. 

It is a well-established principle that an alien has 
no political rights unless expressly conferred on him 
by statute. 1 Likewise all aliens may be disqualified 
for jury duty of any kind. 2 The right of suffrage is 
commonly not extended to aliens. 3 

Under the public-service classification of 1920, 
there are only 189 Chinese and 119 Japanese listed. 
The former are largely laborers, the latter are dis- 
tributed more widely. 

The three chief callings under the label of public 
service are public office, employment by public utili- 
ties, and employment on public works. 

PUBLIC OFFICE 

The privilege of holding public office is usually 
expressly reserved to citizens only. Thus, Oregon re- 
quires that even all appointive officials and ap- 
pointees of the state be citizens. 4 Aliens are ineligible 
to hold public office in Washington. 5 

1122 Mass. 594; 7 Mass. 523; 6 Johns (N.Y.) 332. 

2 53 Ga. 73; 60 Mich. 277; 16 Nev. 50; 10 Wend (N.Y.) 9; 18 
L.R.A. 195; 54 Iowa 109; 17 Wis. 674; 2 111. 476; 28 L.R.A. 195; 
18 L.R.A. 476; 50 L.R.A. (N.S.) 973. 

s 30 Cal. 188. 

4 Ore. Laws, 1923, ch. 127. 

5 Rem. Comp. Stats. 1922, p. 6399. 

330 






PUBLIC SERVICE 331 

Such restrictions on public offices have naturally 
been extended to such activities as teaching in the 
public schools of the state, and practicing law in the 
courts of the state. For example, Hawaii requires all 
teachers in the elementary and grammar schools to 
be citizens. Washington has a similar law providing 
that only citizens of the United States can be certified 
to teach in the common and high schools of Wash- 
ington, unless by special permit of the Superin- 
tendent, and then only when they have declared their 
intention of becoming citizens of the United States 
and five years and six months have not elapsed since 
so declaring. 7 

These are but illustrative of the common practice 
of limiting the privilege of teaching in the public 
schools to citizens of the United States. Sometimes 
this practice is carried to the extreme, as when a 
Maine Board of Education dismissed a teacher be- 
cause she had been taking automobile driving lessons 
from an alien enemy; but the courts rightly held that 
such action was constitutionally unjustifiable. 8 

The citizenship demands for admission to the Bar 
were stated in the preceding chapter. 

EMPLOYMENT BY PUBLIC UTILITIES 

In the case of public utilities such as steam and 
electric railways, electric light, gas, and water com- 
panies, aliens have always been freely employed, 
notably in construction and maintenance work. A 
unique service is the Chinatown telephone exchange 
of San Francisco with over 2,500 connections. The 
American transcontinental lines owe a debt to the 
Orientals, primarily the Chinese, for their early 

Hawaii Acts, 1923, No. 19. See chapter xvii. 

> Laws, 1919, p. 82; Rem. Comp. Stats, of Wash. 4845. 

sill Atl. 734 (Me.) 1920. 



332 RESIDENT ORIENTALS 

through connection to the coast. Recent data from 
three of the Western railroads follow: 

It is not the practice of the Santa Fe Railroad to employ 
Japanese or Chinese in large numbers. We occasionally have 
individual cases of employing chefs or janitors from among 
the Japanese, and in a very few cases the Chinese conduct 
lodging and eating houses at remote points in our desert 
country, for the benefit of employees very largely; and also 
there are a few Chinese and Japanese who are well educated 
in this country, taking shop or clerical courses in railroad 
service, but this endures only in order to have practical ap- 
plication of their education. 

The only class of foreign laborers employed on a large 
scale are the Mexicans. 

The Western Pacific Railroad Company employs 
no "Chinese but do employ Japanese as track la- 
borers in Nevada and Utah. About twenty-five Japa- 
nese are employed on sections from Gerlach, Nevada, 
to the Utah line and about ten on sections on our 
lines in Utah. There are also two Japanese employed 
at the roundhouse at Wendover, Utah, as laborers." 

The Union Pacific System reports on June 17, 1927, 
that they have no Chinese in their employ but ap- 
proximately 135 Japanese who are located in Ne- 
braska and Utah and are doing general work of a 
satisfactory character. 

EMPLOYMENT ON PUBLIC WORKS 

Statutes forbidding employment of aliens on va- 
rious kinds of public works have become common 
during the past quarter-century and have been gen- 
erally held constitutional and not in violation of ex- 
isting treaty rights of aliens. 9 

For example, New York provides 10 for the employ- 
ment only of citizens on public works of the state: 

9 131 N.Y. Supp. 550 (1912); 36 Wash. 449; 34 Mont. 570; 12 
Columbia Law Review 272; 150 N.Y. Supp. 492; 150 N.Y. Supp. 933; 
239 U.S. 175 and 195. 

io In Consol. Laws, ch. 31, par. 14. 






PUBLIC SERVICE 333 

this law was attacked on the ground that it violated 
the Fourteenth Amendment to the Constitution of the 
United States, and the treaty with Italy, since an 
Italian subject was involved. 11 In declaring this law 
! constitutional, Mr. Justice Cordoza said : "The power 
of the state to discriminate between citizens and 
aliens in the distribution of its own resources is sanc- 
tioned alike by decisions of the courts and by long- 
continued practice. Neither aliens nor the citizens of 
other states are invested by the Constitution with any 
interest in the common property of the people of this 
state," citing 94 U.S. 391 and 394. "The equal pro- 
tection of the laws is due to aliens as well as citizens, 
but equal protection does not mean that those who 
have no interest in the common property of the state 
must share in that property on the same terms as 
those who have an interest." This decision was af- 
firmed in 239 U.S. 195, and is cited with approval in 
L.R.A. 1916D, 569. 

The Arizona Civil Code 1913, p. 3105, prohibits the 
employment of aliens on municipal works who have 
not declared their intention to become citizens of the 
United States, and makes the contractor criminally 
responsible for violation of the same. This law was 
upheld as constitutional in State vs. Davey, 232 Pac. 
884. 

The American practice is well summarized by Pro- 
fessor W. M. Leiserson : 

But the policy of restricting the alien's opportunities for 
employment is not confined to licensed callings. States like 
California, Idaho, Louisiana, Pennsylvania, and Wyoming 
exclude alien common laborers from employment on public 
works. Many other states, including New York, Massachu- 
setts, Indiana, Louisiana, Utah, and Washington, give prefer- 
ence to American citizens on all public works and permit 
aliens to be employed only when citizens are not available. 

ii People vs. Crane, 214 N.Y. 154. 



334 RESIDENT ORIENTALS 

This same policy of restricting opportunities of employment 
on public works is followed by most of our municipal gov- 
ernments. City charters, local ordinances, or civil service 
regulations discriminate against aliens who may want to 
earn a living at street construction, sewer digging, subway 
building, or any other public work. Cities like Baltimore, 
Providence, Philadelphia, and Pittsburgh forbid entirely the 
employment of aliens on public works. Others permit them 
to do the common labor, but usually only after citizens can- 
not be secured. 12 

Thus the Pacific Coast states are but following the 
general tendency in this respect. In the California 
Constitution, Art. 19, Sec. 3, there is the provision that 
no Chinese shall be employed on "any state, count} 7 , 
municipal, or other public work, except in punish- 
ment for crime." 

Political Code 2545 and 2598 provides that citizens 
of the United States only are to be employed as con- 
tractors or laborers on public works by the Harbor 
Commission of the state. 

The present California statute on the matter pro- 
vides that no person except a native-born or natural- 
ized citizen of the United States shall be employed in 
am^ department of the city, county, or state govern- 
ment in this state, except (1) teachers in the public 
schools who have declared their intention to become 
citizens of the United States (2) college teachers; (3) 
specialists following some line of special work for 
the state, and necessary employees in public emer- 
gency. Under this law, it is unlawful to employ any- 
one in violation of its provisions, and no payment is 
to be made for the services. 13 

Thus, by constitutional provision and by various 
statutes, all aliens are excluded from employment on 

12 William M. Leiserson, Adjusting Immigrant and Industry 
(New York, 1924), pp. 252-253. 

is Stats. 1915, p. 690, as amended in 1921, Stats. 1921, p. 546, 
Act 258, Deering 1923. 






PUBLIC SERVICE 335 

public works in California other than in the few ex- 
ceptions noted above. 

During the last session of the state legislature, or- 
ganized labor endeavored to put through a bill for- 
bidding employment of alien labor on any public 
building or public construction work, but this pro- 
posal was killed in the Senate Labor and Capitol 
Committee. A Los Angeles paper reported that its 
passage would seriously hold up much-needed work 
in Imperial Valley where American labor is scarce. 

An interesting situation occurred at San Diego in 
February, 1927, when the secretary of the Federated 
Trades and Labor Council attacked the city attorney 
for alleged illegal awarding of municipal contracts, 
in these words : 

Higgins' interests in this matter are certainly unusual. 
The state law requires that American labor be retained on all 
city work and Higgins interprets the law to read that if an 
American contractor is given the work he can hire whom he 
pleases. He is, of course, clearly wrong. 14 

Although there is no mention of Orientals being 
involved, the legal interpretation by City Attorney 
S. J. Higgins merits quotation : 

The Federated Trades and Labor Council of San Diego 
requested the Common Council to submit to the electors of 
the City of San Diego a proposed charter amendment to the 
effect that on all public contract work in which the City of 
San Diego is in any way interested no one could be employed 
who is not an American citizen, and prohibiting the employ- 
ment of men for a longer period of time than eight hours, 
and further requiring that each man so employed in any 
public contract of any kind or character should receive "the 
going wage." 

We advised the Common Council that the Supreme Court 
of the state of California had held legislation requiring the 
employment of American citizens only in municipal corpora- 
tion work (Los Angeles) to be unconstitutional and violative 

i± The Independent, San Diego, Calif., February 24, 1927. 



:W6 RESIDENT ORIENTALS 

of the provisions of the California Constitution. We did, 
however, advise the Council that similar legislation had been 
held to be constitutional by the United States Supreme Court, 
but that, until the California Supreme Court reversed itself, 
we were forced to advise them that the proposed charter 
amendment, in so far as it related to the employment of 
American labor exclusively, had been held to be unconstitu- 
tional by our own Supreme Court. We also advised the 
Council that the present Constitution of California provided 
an eight-hour day for laborers on public contract work and 
also contained a provision requiring a minimum fee of $2.00 
per day, and suggested that in so far as the proposed charter 
amendment concerned the question of a minimum wage and 
an eight-hour day, the present law of California took care of 
it, and that there was no necessity for an additional charter 
amendment. 

The Council took our view of the situation and refused 
to submit the amendment. This opinion aroused consider- 
able protest on the part of the Federated Trades and Labor 
Council of the city, and then threatened to take the whole 
matter to the grand jury upon the theory that the city was 
now employing foreign labor in its public contracts, and 
that these contractors were paying the men less than a living 
wage. As a matter of fact, the only contract work which the 
city is engaged in which could give rise to such protest is 
for the improvement of streets, and these contracts, as you 
probably know T , are entered into pursuant to the Street Laws 
of California, and according to a decision of the Supreme 
Court are not subject to the eight-hour provision of the Con- 
stitution, for the reason that street work has been held not 
to be public work within the meaning of the Constitutional 
provision. 

The charter of the city requires that all city employees be 
citizens of the United States and registered electors of the 
municipality for at least one year prior to their employment. 
In our public contract work other than street work we re- 
quire contractors to comply with the Constitution as to the 
eight-hour provision and the minimum wage scale, so that 
the whole controversy, practically speaking, concerns street 
work, which, under the present decisions of the California 
Supreme Court, is not covered by the California Constitution 
in so far as it prohibits work in excess of eight hours, etc. 15 

15 Letter to writer, May 11, 1927. 



PUBLIC SERVICE 337 

The Oregon Laws of 1920, ch. 13, par. 1, make it 
unlawful to employ, on any public works of any sort, 
aliens who have claimed exemption from military 
service of the United States during the World War 
on the ground of their alienage. 

Washington has the same provision, Laws 1919, 
p. 272, par. 1, with the further provision that con- 
tractors for the state or subdivisions thereof must 
furnish a list if demanded showing that all employees 
are citizens of the United States, and failure to do so 
is made a misdemeanor. These provisions are evi- 
dently designed to operate as a penalty for claiming 
exemption from military service on the ground of 
alienage. All other aliens in Oregon and Washing- 
ton are not included in this ban. Oregon and Wash- 
ington therefore are more liberal to the aliens in 
general in this respect than many American states. 

Public service is something definitely associated 
with citizenship in any state. There is therefore no 
unjust discrimination against aliens if participation 
in public service is reserved to citizens of the state. 
This is the general practice and, as indicated above, it 
is carried no farther in the Pacific Coast states than 
elsewhere. 

The distribution of the funds of the state for em- 
ployment on public works is likewise justifiably lim- 
ited to citizens thereof , and when all aliens are denied 
participation therein, there can scarcely be room for 
any charge of unfairness or unjust discrimination. 

As a whole, on the Pacific Coast the aliens are 
extended as many privileges in respect to public em- 
ployment as in any other section of the United States, 
if not more. There is the customary distinction 
between "public works" which are closed to aliens 
and "public construction work" which is open to 
them. Outside of the early California statutes aiming 



338 RESIDENT ORIENTALS 

particularly at employment of Chinese on public 
works, there is no discrimination in this matter be- 
tween aliens eligible and those ineligible to citizen- 
ship. The line is drawn rather between aliens on the 
one hand, and citizens on the other. The desire to 
protect American labor has had its influence in the 
adoption of the foregoing laws. It is noticeable also, 
that the recent war and our experiences in executing 
the draft laws led directly to other restrictions, such 
as those which Oregon and Washington have set up. 






CHAPTER XVII 

SEGREGATION 

Race prejudice, segregation, and wide difference 
in language, are specifically cited by the United 
States Immigration Department as obstacles which 
the Japanese more than most other races have en- 
countered in America. 1 This assertion is likewise 
applicable to the Chinese in America. 

In this chapter the topic of segregation, a cause 
as well as a result of race prejudice and language 
differences, will be treated largely by means of nu- 
merous illustrative quotations taken from American 
and Oriental sources. 

THE CHINESE COMMUNITY 

Chinatown is both a location and a center of so- 
cial, business, and racial activities. As a dual insti- 
tution, it is little known to outsiders; to the Chinese 
in China, furthermore, the tongs and certain other 
characteristic features of these foreign settlements 
are scarcely known. The real Chinatown and the 
sightseer's Chinatown may differ as widely as the 
San Francisco Chinatown before and after the ca- 
lamity of 1906. So it is not surprising that the habits 
and customs of the Chinese in America are more or 
less of a closed book. 

The two greatest Chinatowns in foreign countries 
are those of Vancouver and San Francisco, ably and 
picturesquely described by Miss Winifred Raushen- 
bush in the Survey Graphic, May, 1926. A more 

1 Reports, Vol. 23, p. 149, cited in Y. Ichihashi, Japanese Immi- 
gration, p. 45. 

339 



340 RESIDENT ORIENTALS 

typical colony is probably that at Los Angeles, inti- 
mately told about by Miss Nora Sterry, Principal of 
the Macey Street Neighborhood School: 

This study deals with only one group of Chinese and 
represents their attitudes, but not the attitudes of the more 
educated Chinese, among whom there are many persons of 
the highest types of character. 

The mother has an honorable position in the household 
with authority equal to that of her husband. Indeed, when 
their views differ it is more than likely that hers will prevail. 
As an example I may cite a certain family where the father 
is an "Empire-helper" and a Buddhist and the mother is a 
Christian and a Republican. The children are devout Chris- 
tians and the oldest boy is an enthusiastic member of the 
Chinese Nationalist Party. Women are free to come and go 
about the streets, to attend church services and to visit where 
they please (I know only one woman in Chinatown who is 
hampered by bound feet), but the lives of the older women 
are nevertheless narrow and dull. Neighborhood calls and 
an occasional picnic to the graves of their dead appear to 

be their only relaxations The younger women, 'who have 

attended the public schools and who are therefore in spite 
of the isolation of Chinatown a semi-product of our civili r 
zation, usually find employment, or at least an interesting 
avocation, such as music. 

The children lead hard unchildlike lives. They are well 
loved and cared for, the girls equally with the boys. Their 
welfare is earnestly considered, and their education is of 
major importance. They are often badly spoiled and there 
is a conspicuous lack of the traditional reverence for pa- 
rental authority, but they are never neglected by their 
parents. 

Ancestor worship is not taught generally to the children, 
yet.it is still practiced by a large number of the adults. 
Home sacrifices are common. In China Alley, to which few 
"foreign devils" penetrate, every house has a "red paper" 
pasted outside with peacock feathers fastened above it and 
candle-holders affixed. The papers are a prayer to ward off 
evil, the feathers are to ensure good luck, and lighted candles 
placed in holders will exorcise demons. To the conserva- 
tives, white people supposedly bring evil with them. On one 
occasion, when the teachers were taking the school census 
and their arrival was anticipated, every home in China 



SEGREGATION 341 

Alley had its candles lit in front of the door before their 
arrival. This custom of protecting the house by feathers, 
prayer papers, and candles exists on most of the rear streets, 
but on the main thoroughfares it is never seen. 

The Chinese are so advanced in literature, art, and music, 
that even these American Chinese, who are in general repre- 
sentatives of an unlettered class, show considerable evi- 
dences of culture. 

There is a growing tendency to do away with as many 
of the old institutions as possible, Chinese music being 
included in the ban. Nevertheless, the native instruments 
are frequently to be heard from the streets and during 
festivials the Tong and Company Houses have trios and 
quartettes that play and sing hour after hour. Their music 
is not harmonious to an Occidental ear and Americans are 
inclined to laugh at it. But a Chinese musician must study 
for many years before he is allowed to play in an orchestra 
and music is with them both a science and an art, as it is 
with us, though it does not seem to be an affair for every- 
day use. I have never heard a Chinese woman sing around 
the house and the children seldom know songs in their own 
language, unless they have been taught gospel hymns in 
Chinese. 

The loyalty of the Chinese to the United States is a 
dubious thing. In view of the social injustice that has 
always been meted out to them, their affection for America 

is really remarkable The loss is ours as well as theirs. 

They are a permanent part of our nation but their spiritual 
affiliations are with the old world. And so long as this is 
true they will remain a stumbling-block in the path of our 
national development. 2 

THE JAPANESE COMMUNITY 

Where a "Japtown" exists, it is usually adjoining 
that of a "Chinatown," although cities and towns dif- 
fer widely in this respect. But in many cities, includ- 
ing Los Angeles and San Diego, the local Japanese do 
not live in a solid segregated area; characteristically, 
the Japanese are eager to enter the best neighbor- 
hoods, which is not true of most of the Chinese. A 

2 Nora Sterry, Journal of Applied Sociology, July-August, 1923. 



M2 RESIDENT ORIENTALS 

description of Japanese communities is given by 
Park and Miller in Old World Traits Transplanted: 

The Japanese in America have been treated by their home 
country as colonists here. The Japanese Empire has the 
bureaucratic type of efficiency, and the Japanese Association 
in America, with its various branches, is practically a de- 
partment of the Japanese government. It acts as a bureau 
of information for the Japanese immigrants, registers and 
regulates them, and advises the home government as to 
problems arising here. The Japanese are consequently the 
most efficiently and completely organized among the immi- 
grant groups 

In the cities of the Pacific Coast, the organization of the 
Japanese communities is much like that of an American 
community, as is indicated by the location of business 
houses at places of vantage with respect to the residence 
quarters. 3 

By virtue of American residence, Dr. K. S. Inui 
is peculiarly qualified to describe the lot of the Japa- 
nese on the Pacific Coast. In a recent study, he 
stated: 

The Japanese cannot say they are not clannish or pa- 
triotic. Rut if they have become more so in places like 
California, it is because of restraint, economic deprivation, 
social ostracism, and political discrimination. As nation- 
alism is stirred by restraint upon a given nationality, so 
radicalism can also be awakened by the same process upon 
certain races or branches of mankind. Since the passage of 
the Immigration Law of 1924 the self-consciousness of ' Ori- 
ental races has been somewhat increased. 4 

( It is not amiss also to quote at length the vivid 
impressions of a well-educated young Japanese, who 
was born in Japan : 

\ In California, about half of the adult Japanese are mar- 
ried, and the rest of the people have no way to get wives 

The Japanese family life in America is almost the same 
s as that in Japan, except that the new environment has 

s Old World Traits Transplanted, pp. 167-168, 171. 
^ K. S. Inui, op. cit., p. 61. 



SEGREGATION 343 

■ 

caused changes in some respects The wives are treated 

more fairly and are happier in their homes here than in 
their own country. The women are most self-sacrificing of 
their own time for the welfare of the families; they cook, 
clean house, wash, take care of the children, and sometimes 
help their husbands on the farm or in business.! 

pThe children are very highly prized in me Japanese 
home .... and the natural responsibility of the parents is 
the main reason why there are very few cases of juvenile 
delinquency among the Japanese. This problem of parental 
control in the Japanese home, however, is becoming very 
complex, because of the lack of English knowledge on the 
part of the parents, and lack of Japanese on the part of the 
children. There is no way for them to communicate to their 
parents the ideas and ideals which they get at the public 
schools. This creates an alarming gulf between the second 
generation and their parents. V . . . 

Social environment is one factor that is responsible for 
the great gap found between the Japanese children of large 
cities and those of rural localities. In the large cities, such 
as Los Angeles and San Francisco, the minds of the Japanese 
children are constantly stimulated by the various incidents 
on the streets, on the public play-grounds, and in the home. 
From moral and physical standpoints, the life in a me- 
tropolis is not favorable for children, but from the intel- 
lectual standpoint, stimulants which they receive from their 
surroundings encourage them to higher intellectual attain- 
ment. 

( The retardation of the rural Japanese children in their 
school work is due to the low intellectual standard of their 
parents, poor housing conditions, lack of intellectual en- 
vironment, and unsteadiness of place of lodging Com- 
paratively little attention is being paid to the welfare of 
these children, on account of long and hard labor on the 
farm, which is natural in all foreign colonies.) 

The gulf between the first and second generations 
is well described by Messrs. Iyenaga and Sato in 
Japan and the California Problem, from w r hich lib- 
eral quotations have appeared in chapter v. 

Yet it should be made emphatic that the foregoing 
attempt of the writer to give certain sidelights char- 

5 943 S.R.R. 



:U4 RESIDENT ORIENTALS 

acteristic of Oriental communities is presented more 
for its suggestive than for its factual value. 

The internal workings of these alien communities 
require mention. 

RACIAL DISTRICTS 

When people are enshrouded by "the veil of alien 
speech," to quote from Oliver Wendell Holmes' "In a 
Chinese Embassy," segregation is the rule rather than 
the exception for newcomers; and frequently a dis- 
persion comes slowly. When, in addition, the new- 
comers have a lower standard of living than the 
natives, and have arrived in considerable numbers, 
they invariably have settled at the outset in distinct 
residential areas. 

Sometimes the racial group prefers segregation, 
with its more familiar institutions. But whatever the 
cause, each city of any size has its foreign colonies, 
such as those of the East Side of New York, the French 
quarter of Quebec, the Creole settlement in New Or- 
leans, the Mexican quarters in San Antonio, El Paso, 
and Chicago, the Negro districts in Chicago and 
Harlem, the Hindu settlement in Victoria, B.C., the 
foreign compounds in Peking and Shanghai, and the 
Chinese quarters of New York, Vancouver, and San 
Francisco. The boundaries and internal life of each 
colony, moreover, are continually changing. 

The first arrivals are the most important, since 
they establish the standards of comparison with 
other races. An unfortunate feature arises when the 
later comers are of a higher social class. This occur- 
rence is especially applicable to the migrations from 
the continent of Asia. The consequences are often 
not happy. For example, it is not right for the Ameri- 
can community to force a foreign government repre- 
sentative to live in such a colon), yet unfortu- 



SEGREGATION 345 

nately, there are many cases of harsh treatment by 
neighbors when a Japanese or Chinese consul has 
attempted to secure a residence in the kind of neigh- 
borhood to which he is accustomed. Almost invari- 
ably, after a first unpleasant experience of this kind, 
he has convinced his neighbors that there is as much 
difference among Chinese or Japanese as among 
Europeans or Americans. 

IRRESPONSIBLE EPISODES 

Nowadays, there are extremely few instances of 
maltreatment of foreigners in any neighborhood. 
That disturbances do occur from time to time cannot 
be denied; but the pranks can usually be laid at the 
door of mischievous youngsters, who know better, yet 
are not free from bullyism or a delight in venting 
their energy upon strange objects or strange people 
when a personal counter-blow is not imminent. The 
indignities heaped upon the Chinese a quarter- or 
half-century ago, indulged in exceedingly freely, are 
relics of the past. Aside from a very few scattered 
incidents, the Japanese on the West Coast have not 
been assaulted; incidentally, the young boys and the 
urban unemployed early learned that the Nipponese 
would not take, punishment without some kind of 
retaliation. There was the notable incident in north- 
ern California of an attack by a rough element upon 
a distinguished scientist, for which act formal written 
apologies were made by the Mayor of the town and 
the Governor of California. For the Chinese, accom- 
modation has replaced conflict. For the Japanese, 
accommodation is more easily obtained than ever 
before. 

Again, attention should be called to the inability 
of controlling that youthful American individualism 
which is all too disrespectful of public authority of 



:*!(> RESIDENT ORIENTALS 

any kind. If it be true that the test of a superior 
civilization is the assurance of a peaceful existence 
for one's residents, then surely the United States of 
America cannot claim the pinnacle— the reading of 
our daily papers is evidence enough. Our official 
stand has been thus expounded by Elihu Root: 

Of course, no government can guarantee all the inhabi- 
tants of its territory against injury inflicted by individual 
crime and no government can guarantee the certain punish- 
ment of crime; but every citizen is entitled to have police 
protection accorded to him commensurate with the exigency 
under which he may be placed. If he is able to give notice 
to the government of intended violence against him he is 
entitled to have due measures taken for its prevention, and 
he is entitled always to have such vigorous prosecution and 
punishment of those who are guilty of criminal violation 
of his rights that it will be apparent to all the world that 
he cannot be misused with impunity and that he will have 
the benefit of the deterrent effect of punishment. 

It is a distressing fact that in one important respect the 
government of the United States fails to comply with its 
international obligation in giving the same degree of pro- 
tection and opportunity for redress of wrong to foreigners 
that it gives to its own citizens. The difficulties which beset 
aliens in a strange land are ordinarily local difficulties. The 
government and the people of the foreign country are 
usually quite ready, in a broad and abstract way, to accord 
to foreigners the fullest toleration, equality before the law, 
and protection. But the people of the particular community 
with whom the alien comes in contact too often fail of 
understanding and sympathy. They misunderstand and 
resent the foreign customs with which they are unfamiliar. 
They are aroused to anger by the competition to which the 
foreigner subjects them. Immediate contact is too apt at 
first to breed dislike and intolerance toward what Bret 
Harte describes as the "defective moral quality of being a 
foreigner." 6 

LEGAL STATUS 

The legal status of segregation has arisen almost 
entirely in connection with American Negro cases. 

e Elihu Root, Addresses on International Subjects, pp. 50-51. 



SEGREGATION 347 

As far as the writer has been able to discover, no 
case has come to trial which involved a Japanese, 
although there is a curious California statute (Stats, 
of 1880, p. 114), under which the legislature em- 
powered and made it the duty of the local authorities 
in cities and towns to adopt and enforce measures 
necessary for the removal of Chinese now in or to 
come within the city or town limits outside the same, 
or to set aside certain prescribed areas within the 
town or city for the same. This act has never been 
enforced, and in the Deering General Laws of Cali- 
fornia, 1923, the suggestion is made that it probably 
is unconstitutional. 

The federal court decisions on this subject are 
clearly stated. In the case of Buchanan vs. Warley, 
245 U.S. 60, decided by the United States Supreme 
Court in 1917, it was held that a citv could not consti- 
tutionally segregate blacks and w r hites for residential 
purposes because it was in violation of the Four- 
teenth Amendment to the Constitution of the United 
States. Consequently, segregation along racial lines 
for residential purposes by state action appears to 
be unconstitutional and therefore not possible in the 
United States. 

But in the case of Corrigan et al. vs. Buckley, de- 
cided by the Court of Appeals of the District of 
Columbia, June 2, 1924, it was held to be w r ithin the 
power of a number of landowners to execute and 
record a covenant running with the land by which 
they bind themselves, their heirs, and assigns during 
a period of twenty-one years to prevent any of the 
land described in the covenant from being sold, 
leased to, or occupied by Negroes. The Court held 
that such a covenant is enforceable not only against 
a member of the excluded race but between the 
parties to the agreement. Such an agreement was 



348 RESIDENT ORIENTALS ] 

held not to be in violation of the Fourteenth Amend- 
ment. Thus, by this covenant plan areas of land may 
be made restricted territory along racial lines, and 
therefore a degree of segregation of races for resi- 
dential purposes may be accomplished. 

VARIED EXPERIENCES 

There are as many neighborhood experiences as 
there are people who meet; there seems no purpose 
in reproducing unfortunate incidents, particularly 
since such happenings are the great exception. In 
America, there is a continuous record of community 
troubles directed against all aliens at the outset and 
especially when their numbers are considerable. 
Therefore it should be understood that a proper 
balance on the writer's part would mean that records 
of favorable, or at least not unfavorable, contact 
should receive not less than several hundred times 
the attention which has been given to those other 
happenings. In brief, unfortunate episodes have been 
magnified beyond any supporting facts. 

RURAL AND URBAN 

Our subject can be separated into the rural prob- 
lem and the urban problem. The former is a work- 
family proposition of isolated dwellings and some 
school barriers in the higher grades and high school; 
the latter is a business-residence proposition in 
Chinatown or Japtown with a highly concentrated 
school population except in those cases — still rare 
but more numerous all the time — where Orientals 
are going over into the better neighborhoods. The 
contrast is described by Dr. R. D. McKenzie, of the 
University of Washington : 

With regard to place relations, the Japanese have as- 
sumed a development which is even more provocative of 
irritation. The fact that the Japanese have concentrated in 






SEGREGATION 349 

truck gardening makes for their distribution around the 
peripheries of a few of the large cities of the Coast and in 
adjoining fertile valleys. The rather wide dispersion of 
population occasioned by any form of agriculture is also a 
factor for consideration* The Japanese population engaged 
in truck-gardening seems much larger than it would if 
huddled together in a few blocks in the center of the city, 
as the Chinese are. Moreover, the leading highways radiating 
from the large cities pass through or by these fertile garden 
spots cultivated by Japanese. This enables a large number 
of whites to view the colored invader at work, and to 
compare his fine agricultural holdings with those of his 
less efficient white competitor, gaining thereby the impres- 
sion that the Japanese are driving the whites away from the 
best land and forcing Americans to assume not only an 
inferior economic role, but also an inferior social role. 

Again, in regard to residence within the city, the Japa- 
nese assume a different ecological organization from that 
of the Chinese. The Chinatown is as a rule a receding com- 
munity. There is but little tendency to extend its boundaries 
or for the individual Chinese families to move into white 
neighborhoods. Most Japanese communities, on the other 
hand, are of the bursting type. Population increase con- 
stantly forces the local community to extend its boundaries, 
pushing out the inhabitants who occupy the fringe. But far 
more important is the fact that the upper economic and 
social classes of tlie Japanese are unwilling to live in the 
quarters occupied by Japanese coolie labor. Ever since the 
passing of the "Gentlemen's Agreement" in 1907, the type 
of Japanese male immigrants coming to this country has 
been of the higher economic and cultural level. This type 
of person is unwilling to live in the slum quarters of an 
American city; consequently, he is making continual efforts 
to find a home in a white residential section which corre- 
sponds to his own economic status. Americans have adopted 
the attitude that people of another color are all of the same 
social status, and they therefore object to the intrusion into 
their neighborhood of a cultured Japanese family, just as 
keenly as they would to that of a coolie family. This 
tendency on the part of the Japanese to distribute territo- 
rially in the city is quite as great a source of irritation as is 
the competitive occupational relation assumed by the group. 7 

7 R. D. McKenzie, "The Oriental Invasion," Journal of Applied 
Sociology, Vol. X, No. 2 (November-December, 1925), pp. 127-128. 



350 RESIDENT ORIENTALS 

A leading authority on land settlement, Dr. El- 
wood Mead, now United States Director of Reclama- 
tion and, in 1921, professor of rural institutions at 
the University of California, recounts an exceptional 
but none the less real development in a fertile ranch- 
ing community: 

Last February, I attended a meeting of farmers called to 
discuss a resolution pledging landowners in that locality to 
refuse to lease land to Japanese. 

When the meeting opened the discussion was entirely 
in favor of the Japanese. The first speaker announced he 
was there to "declare himself." He said he was renting land 
to the Japanese as a business proposition and he intended 
to continue to do so; that before the Japs came he was glad 
to get $15 an acre cash rent, now he was getting $40 an acre, 
and he owed the increase to the Japs. He further statfcd that 
hefore brown men came into the neighborhood, land was 
selling for $100 an acre. They had offered him $250 an acre, 
and he proposed to deal where he could make the most 
money. The land was his own. Now was his time to make 
hay and so far as he was concerned the Japanese were the 
haymakers. It was not his business to sacrifice money to 
keep California white. 

Other landowners made similar declarations and it 
looked as though Japanese leasers would dominate the dis- 
cussion. A change came when an elderly farmer rose and 
said: 

"I came to this district twenty years ago. I live on the 
farm that I bought then and where my six children were 
born. They go to the country school. Three years ago all 
their playmates were white children. Now all the children 
in that school except mine and those of one other farmer 
are Japanese. My white neighbors who have sold or leased 
their land to Japanese have gone to towns. They don't come 
in contact with these aliens. They simply take their money. 
I live among them, but am not one of them. I am living there 
without neighbors. Last week a Japanese family moved 
into a house across the road in front of my home. That 
means more Japanese children in the school. It means* that 
my isolation from people of my own race is more complete 
and I too am here to 'declare myself.' 

"My farm is for sale. It is for sale to the first Japanese 



SEGREGATION 351 

who will buy it. No white man will buy, for none will go 
into a Japanese neighborhood. When I sell, my white neigh- 
bor will leave and it then becomes a Japanese community. 
When that happens the trade of that community will go into 
new channels. I have always traded at the white man's 
store, put my money in the white man's bank, but the Japa- 
nese will do neither. They trade with their own race." 8 

It is significant that Dr. Mead, in this same article, 
not only lays the blame upon the Japanese but be- 
lieves that this economic situation could have been 
avoided. 

The California farmer is easy-going and optimistic, not 
inclined to plan for the future. If during the last ten years 
the Japanese had gone into the farming districts as indi- 
viduals and mingled with white farmers as individuals, there 
would- today be no more prejudice against them as a race 
than there is against Swedes or Italians, which is none at 
all. The statement that they have not done so, but have 
sought to establish themselves as racial communities, is not 
made in the way of criticism but to help explain why Japa- 
nese land ownership is objected to. 9 

CITY RESIDENCES 

Applicable to city property, land values interest 
greatly the owner or landlord, but the social aspect 
is paramount. This state of affairs becomes clear 
immediately when one notes the feeling when these 
colonies gravitate away from the business to the 
strictly residence districts. Location near the heart 
of the business area is normally destructive of pres- 
ent and future land values, but business men are far 
more concerned about safeguarding their homes than 
their offices. 

To discover and correlate the experiences and 
practices of all sections of California regarding seg- 

s Elwood Mead, "The Japanese Land Problem of California," 
The Annals of the American Academy of Political and Social 
Science, Vol. XCII, No. 182 (January, 1921), p. 52. 

0/fcicf.; p. 51. 



i • 



352 RESIDENT ORIENTALS 

regated districts, the writer has been materially aided 
by the California Real Estate Association, which 
sent out through its president, Mr. Harry B. Allen, of 
San Francisco, in February, 1927, a questionnaire to 
the president of every state real estate board and to. 
the vice-presidents of nineteen other districts. Forty- 
seven questionnaires were returned. They indicate 
that 32 of these 47 localities in California (the re- 
plies were almost wholly from the larger towns) 
maintain some kind of a segregated residence dis- 
trict, half of the latter making provision for Orien- 
tals. None of these segregated districts is maintained 
by means of a city ordinance; but districts restricted 
for the use of Caucasians only are made possible by 
means of deed restrictions in all new subdivisions, 
an agreement between the real estate operators, or 
an agreement between property owners. 

In Portland, Oregon, the Real Estate Board has 
adopted a standard lease in which members of other 
than the Caucasian race are discriminated against. 10 
In Seattle, Washington, a zoning law was declared 
unconstitutional; since then, the realtors have tried 
to control the segregation of races by inserting into 
deeds a clause prohibiting the sale of certain prop- 
erties to others than members of the white race. 
Also, owners in certain districts have grouped them- 
selves together under mutual agreement not to sell 
except to white people. 11 

SCHOOL SEGREGATION 

The importance of the subject of segregation of 
Oriental children in the California schools dates back 
to the ruling of the San Francisco Board of Super- 

io Letter, May 12, 1927. 

n Letter from George I. Noyes, Acting Executive Secretary, 
Seattle Real Estate Board, to the writer, dated May 11, 1927. 



SEGREGATION 353 

visors in 1905, put into effect by the School Board in 
1906, that Japanese children should be compelled to 
attend the local Oriental school, two miles away, for- 
merly used by Chinese alone. Great indignation was 
aroused in Japan over this evident discrimination 
against her people, especially since a few months 
previous the Japanese Red Cross had donated to the 
San Franc isco earthquake victims a sum of money *fa 
greater than tharH onated by all the rest of the world 
except Americ a. Thewide-spread discussion in the 
United States as well as in Japan made an inter- 
national incident of the affair, and was the direct 
cause of the "Gentlemen's Agreement" between the 
two countries. 

Referring to the two suits brought up under this 
ruling, the Harvard Law Review points out that this 
order of the San Francisco School Board was not 
violative of the Constitution of the United States if 
equal accommodations were given, for segregation is 
practiced with reference to citizens such as the Ne- 
groes in the South. This Review also expressed the 
opinion that the order was not violative of treaty 
rights, for it is conceivable that a subject of the 
British Empire, if he happened to be black, might 
have to attend a segregated school in America. 12 
However, this measure was not enforced because of 
the intercession of President Roosevelt. 

The School Law of California expressly prohibits 
the adoption of any textbook or the giving of any 
entertainment in the public schools of the state 
"which shall in any way reflect upon citizens of the 
United States because of their race, color, or creed." 13 
On the other hand, it does discriminate against the 
Japanese and Chinese in the following provision : 

12 20 Harvard L. Rev. 372; 37 Harvard L. Rev. 372. 
isCal. Political Code, par. 1666. 




354 RESIDENT ORIENTALS 









The governing body of the school district shall have 
power .... to establish separate schools for Indian children 
and for children of Chinese, Japanese, or Mongolian parent- 
age. When such separate schools are established, Indian 
children, or children of Chinese, Japanese, or Mongolian 
parentage must not be admitted into any other school. 14 

Hut the latter law is not enforced, except in the case 
of the Commodore Stockton School at San Francisco, 
although it happens that in a number of elementary 
schools throughout the state, there are rooms with 
none but Oriental pupils in them. The Commodore 
Stockton School is essentially the only elementary 
school in San Francisco to which Chinese children 
may go, but a few Chinese children attend other 
elementary schools, and there is no segregation of 
Chinese pupils in the junior or senior high schools 
of the city. In Oakland, there are a number- of ele- 
mentary schools with a large number of Chinese and 
Japanese pupils, but there is only one school, the 
Lincoln, containing classes exclusively for these chil- 
dren. The Lincoln School is in a district where many 
Chinese and Japanese families live. In the Oriental 
sections of a few other cities of California, there are 
separate classes in the lower grades for Orientals. 

Mrs. Preston, Superintendent of Schools for the 
state of Washington, wrote on February 10, 1927: 

We do not have separate educational institutions for the 
children of the Japanese and Chinese in Wa'shingon. 

The provisions of our state constitution direct that "it is 
the paramount duty of the state to make ample provision for 
all children residing in its boundaries without distinction or 
preference on account of race, color, caste, or sex." 

Nevertheless, as in California, there are a few schools 
where children of these races predominate, but these 
are all in the vicinity of Chinese and Japanese com- 
munities. A similar situation exists in Oregon. 

14 Political Code, Art. X, par. 1662. 



SEGREGATION 355 

For the most part, Chinese and Japanese children 
are greatly handicapped in the lower grades by their 
poor knowledge of the English language, 15 and, on 
this account, in spite of their high average intelli- 
gence, 10 they lag behind the American pupils when 
in the same classes. By the time they have reached 
the seventh grade, however, most of these pupils 
have mastered the English language to such an ex- 
tent that they can keep up with their classmates who 

is Approximately 90 per cent of the American immigrants 
arrive without a knowledge of the English language. See Louis 
Bloch, Quarterly Publications of the American Statistical Associ- 
ation, December, 1920. However, Asiatics are under a greater dis- 
ability in this respect than Europeans. In 1922, a study was made 
of 664 Chinese university students in America to determine the 
correlation between knowledge of English and the scholarship 
and leadership of these students. The results were published in 
Teachers College, Columbia University Contributions to Educa- 
tion, No. 127, by Jennings Pinkwei Chu. One reads on pp. 51-52: 

It is to be regretted that it has not been possible to find out the 
intelligence of these students in this study, but it is very likely and 
safe to say that intelligence has a high correlation with knowledge both 
of English and of Chinese and that if intelligence is "partialed out," 
there will still be a lair correlation of knowledge of English with both 
scholarship and leadership; h>ut there will perhaps be a zero correlation 
of knowledge of Chinese with both scholarship and leadership. Thus 
the scholarship and leadership of a Chinese student in America is de- 
termined by intelligence and knowledge of English, while knowledge of 
Chinese is almost indifferent to the attainment of both. 

!6 In the first preliminary report (1922) by Professor M. L. 
Darsie, Assistant Director of Stanford University Research regard- 
ing Intelligence Tests of Japanese children (Professor Lewis M. 
Terman was the Director), the following conclusions were reached: 

Language handicap is very evident in most of the test performances, 
and its effect upon final scores is," unfortunately, very hard to estimate. 
It is fair to assume, however, that it probably tends to lower the IQ 
somewhat. Taking all of the results into account, the following conclu- 
sions seem fully justified: 

1. The Japanese in California are as a group somewhat inferior in 
intelligence to Northern Europeans, but markedly superior to Southern 
Europeans. 

2. In application and capacity to learn, they are probably superior 
to any European race in America, as well as superior to native Ameri- 
cans. 

3. In social-moral traits, they are fully equal, and in many respects 
probably superior to the average child of other races in California, as 
judged by their teachers, this being true with respect to native American 
children as well. 



356 RESIDENT ORIENTALS 






have not had this extra task to accomplish. For this 
reason many school principals have favored placing 
these pupils in rooms by themselves, although there 
are others who feel that the best way for Orientals 
to learn the language is to become familiar with its 
use by American pupils. 17 

On the whole, then, the reason for segregation in 
the schools seems to be not one of discrimination, 
but either of necessity because of the location of the 
school in the Oriental section of the city, or of ex- 
pediency because of the language disability. 

MISCELLANEOUS SEGREGATION 

The Chinatowns and the Japtowns on the Pacific 
Coast are dwindling. The stoppage of immigration 
and the influences of America on the second genera- 
tion are having their certain effect. The physical 
character of these districts is undergoing a continual 
change: in the case of the Japanese, the trend sug- 
gests virtual disappearance with a generation; in the 
case of the Chinese, the district is little more than a 
skeleton of its former size, which will continue, how- 
ever, to be a mecca for tourists but otherwise of little 
importance. 

Another reason for this decline is the dire result 
on the extent of business transacted within the racial 
group. Stores operated by persons of Chinese and 
Japanese race are pushing, more and more into the 

17 "The average ten-year-old rural Japanese is utterly helpless 
in the face of any test in the Binet scale which depends either on 
an understanding of what the particular problem is about, or for 
the success in solving of it, upon a certain degree of familiarity 

with the English language For not more than six hours a 

day, on an average, five days a week, does our rural Japanese 
child hear English spoken. Not only this, but he hears it spoken 
by children of his own race more often than by American children, 
for .... in the majority of these schools the Japanese greatly 

outnumber the Americans It is in no way an exaggeration 

to say that the language handicap is tremendous." (590 S.R.R.) 



SEGREGATION 357 

white districts. The second generation consists of 
good spenders who prefer to patronize American 
shops. And since most of the local trade in the 
Oriental stores comes from their own people, the 
residential trend leaves few available customers and 
the latter do not belong to the prosperous class. 

OFFICIAL AND NON-OFFICIAL GROUPS 

Segregation is the cause and also the result of 
prejudice and ignorance. The cycle of suspicion, ill- 
feeling, and isolation, however, sometimes includes a 
bias aroused by a belief that local racial organiza- 
tions are affiliated with diplomacy at foreign capi- 
tals. To an American, clubs and organized activities 
are natural means of expression, but there is a 
grounded suspicion of any kind of connection with 
political departments of local, state, or federal gov- 
ernments. The American, too, dislikes racial blocs 
composed of any foreigners, especially those who are 
regarded to be in the non-assimilable or not easily 
assimilable groups. Therefore, when there is the 
combination of a racial bloc and the support of a 
foreign government, local opposition is inevitable. 

The peculiar Chinese societies, such as the tongs, 
are thoroughly exclusive, but they are regarded as 
entirely non-political. On the other hand, the Japa- 
nese groups, notably the Japanese Association of 
America and the Japanese Language Schools, are 
known to work in co-operation with Japanese con- 
suls stationed abroad. Therein lies a difference, 
repugnant to the nationalistic American, which ac- 
counts for the unfairness in stressing the suggested 
factor of loyalty to a foreign ruler, while overlooking 
entirely their commendable and constructive activi- 
ties in helping to adjust the Asiatic to American 
ways. 18 

!8 Baron Shibusawa, Japan to America, p. 26. 



358 RESIDENT ORIENTALS 



The Japanese Association of America now suffers 
from competitive favors extended to the Japanese 
Chamber of Commerce. The former organization 
has been a useful adjunct to the local consulates by 
providing up-to-date information regarding their 
nationals in outlying areas and in arranging certifi- 
cation in connection with the "Gentlemen's Agree- 
ment." But now that the 1924 Act has superseded 
that immigration arrangement, the local branches of 
the Japanese Association are deprived of an impor- 
tant former source of funds. And since their services 
are almost wholly related to the non-English-speak- 
ing first generation — the second generation lends 
little support— the usefulness of this prominent or- 
ganization is hanging in the balance, while the Cham- 
ber of Commerce appeals more to persons engaged 
in international affairs. 

The Japanese Language Schools, attended by 
many Japanese outside the regular hours of the pub- 
lic school, and similarly judged unfairly, may prove 
to be a greater boon in the future than ever before, 
providing American-born Japanese are forced to go 
to Japan to secure employment. The acquisition of 
a foreign language in a foreign-language school usu- 
ally connotes to the American a disloyalty to the 
adopted land. It is a striking commentary on the 
local situation that the anti-alien legislation since 
the World War is causing American-born to consider 
far more seriously the wisdom of learning the tongue 
of their parents. For as children they speak English; 
they see no need of another language during second- 
ary school or high school, but thereafter they suffer 
an occupational handicap in having the more Ameri- 
can point of view and the more Asiatic physical fea- 
tures. 

The Chinese Language Schools are probably better 






t . 



SEGREGATION 359 

attended than similar Japanese schools, yet it is rare 
to hear of any comment relative to them. 

Foreign-language schools in California are no 
longer subject to the control of the state authorities, 
due to the decision in the case of Wallace R. Far- 
rington et al. vs. T. Tokushige et al„ decided by the 
United States Supreme Court, February 21, 1927, 
which invalidated the Hawaiian provisions of an act 
of the legislature of Hawaii entitled "an act relating 
to foreign language schools and teachers thereof," 
and certain regulations adopted by the Department 
of Public Education of said Territorv of Hawaii; 
Political Code of California, Section 1534, approved 
in 1921, and similar to the Hawaiian provisions, was 
declared unconstitutional in the opinion of the 
Attorney-General of the state expressed in a letter 
to the State Superintendent of Public Instruction, 
May 2, 1927. 

PUBLIC AND PERSONAL DEMONSTRATION 

Much confusion and misunderstanding occurs in 
Pacific relations because of the failure to understand 
the difference between a personal, human feeling and 
a public policy. Mr. Chester Rowell has made this 
graphic comparison: 

I remember a good example of the personal touch that 
happened in Japan a year and a half ago. It was during the 
terrific chaos immediately following the terrible earthquake 
which destroyed all of Yokohama, and most of Tokyo. When 
I had at last succeeded in getting out of Tokyo, I went out 
into the wreckage of what had once been the great wharf of 
Yokohama, and there I found three Americans, all intoxi- 
cated, one insensible. They were surrounded by a crowd of 
chattering coolies, the lowest and the meanest of the Japa- 
nese race. As I approached, the American who came nearest 
to knowing what was going on, came over and said, "Can 
you talk Japanese?" I could not, but my friend could, and 
he found that the coolies were saying that they would help 



360 RESIDENT ORIENTALS 

carry this insensible American wherever he wanted them to, 
and because he was an American, they would charge nothing 
for the service! 

That was an example of the human outpouring of friendly 
feeling for America that happened on account of the expres- 
sions of friendly feeling by America — the expressions of 
sentiment, and the more substantial expressions of contri- 
butions, prompted by the great disaster that made the whole 
world kin. 

That feeling represented the great outpouring of personal 
appreciation, and then, a year later, when America passed 
the immigration law, one of the curious things was that the 
Japanese were surprised then, as they had been surprised 
before. Both times they thought that something had changed 
in America. When America, with California in the lead, 
began to pour out treasure and sympathy for Japan, they 
said, "Why, these are the people who have been against us; 
now they are for us." And then after the Alien Land Act 
was passed, they said, "Why, these people were for us; now, 
they are against us." 19 

The solidarity of group activities, as exemplified 
by segregation, is a barrier to Oriental-American 
personal contacts, which is the subject of the next 
chapter. 

!9 Stenographic notes of an address at Stanford University, 
March 25, 1925. 



CHAPTER XVIII 

COMMUNITY CONTACTS 

The ability and willingness of the foreigner to 
establish friendly personal and public contacts in 
what Josiah Royce called "The Great Community," 
is a fair test to apply to the Chinese and Japanese 
peoples in our midst. 

The purpose of this chapter is to survey the char- 
acter and extent of the mutual relations. 

MUNICIPAL FACILITIES 

The municipal facilities for play, such as parks, 
play-grounds, tennis courts, and golf links, are now 
open to the Chinese and Japanese in all the large 
cities on the Coast, although this has not always 
been true. Until 1924 Los Angeles had ordinances 
prohibiting Japanese players on the public tennis 
courts and golf links, 1 but these have been repealed. 2 
In Oakland the Chinese and Japanese are discour- 
aged from joining certain recreational clubs, but to 
offset this, the Superintendent of Recreation has or- 
ganized special clubs throughout the city for them. 
In San Francisco, where, it is stated, Japanese were 
excluded from the natatorium in Golden Gate Park 
in 1902 because of their indiscretions, 3 now they are 

i Gretchen Tuthill, Japanese in the City of Los Angeles, Mas- 
ter's thesis, Department of Sociology, University of California at 
Los Angeles, 1924, p. 14. 

2 Catherine Lee Wahlstrom, "Recreation for the Japanese in 
Los Angeles," Los Angeles School Journal, Vol. VII (March 3, 
1924), pp. 11-14. 

3 Baron Ei-ichi Shibusawa, "Japanese-American Relations and 
Myself," in Japan to America (New York, 1915), p. 22. 

361 



3()2 RESIDENT ORIENTALS ] 

admitted without the slightest question; at the public 
golf course in this park where the participants make 
up foursomes as they arrive on the course, they are 
seen playing with Caucasians. There are occasional 
discriminations experienced by Orientals in these 
public play places, such as being refused admission 
to the public dance-halls of San Francisco, and to 
one public beach in the East San Francisco Bay dis- 
trict, but these are exceptions rather than the rule. 
On the school play-grounds, Chinese and Japanese 
children mingle freely with white children, indi- 
cating forcefully how little race prejudice is experi- 
enced in childhood. 

According to a Japanese observer, Mr. K. K. Kawa- 
kami, there is no insurmountable barrier between the 
Japanese and the Caucasians. He wrote in 1921 : 

Even in the present extraordinary condition, engendered 
by persistent and deliberate agitation, there is in California 
no disposition to discriminate against the Japanese at hotels 
and restaurants, in public places of entertainment, or in 
public conveyances. In "society" their disadvantage is not so 
much racial as it is economic or financial. The Japanese 
community has not yet evolved millionaires or a leisure' 
class, but still consists of hard-working pioneers yet unac- 
customed to, or unable to indulge in, the amenities of socia 1 
life. It is not in the cards of "society" to admit into its 
circles members of a race consisting mostly of work-a-day 
men and women. What disadvantage the Japanese may 
encounter in society is due to snobbism rather than racial 
feeling on the part of Americans of wealth and leisure. 4 

For various reasons, both the Japanese and the 
Chinese assume responsibility for their own recrea- 
tion in the cities of the Coast, especially in the case 
of men. The public schools provide recreation for 
the children, although it has been found that they 

4 K. K. Kawakami, The Real Japanese Question (New York, 
1921), pp. 92-93. 






COMMUNITY CONTACTS 363 

often have to be taught how to play. 5 The women in 
the cities seem most neglected in this respect, often 
having no recreation at all, but spending their spare 
time sitting idly in their doorways. 

SCHOOLS AND LIBRARIES 

The Chinese and Japanese who come to America 
bring over with them their traditional respect for 
culture and ambition to learn. Oriental pupils are 
always popular with their school teachers because of 
their diligence, attentiveness, and excellent applica- 
tion to their work. Their aptitude in learning has 
been found in a recent study of 568 Japanese children 
in California to be superior to that of the average 
white child in the same schools. 6 The same conclu- 
sion is given by William C. Allen, writing in School 
and Society, October 3, 1925: 

The writer has been visiting some country schools on the 
Pacific slope. To smother identity names of schools are not 
given — they are numerically designated. 

School No. 1 is about five miles from one of the larger 
cities of California. The building is an old-fashioned country 
schoolhouse in the open country, surrounded by miles of 
fruit trees and fields of grain. There was one teacher, a 
woman. The enrolment was thirty-two and included twenty 
Japanese, six Slavonians, four Portuguese, and two Spanish 
children. I was told that all excepting the two Spanish 
children were born in the United States. I asked the teacher 
how T the Japanese got along. She replied, "Wonderfully. 
They apply themselves w T ell. ,, Respecting the Slavonians, 
she said, "One is good." Of the Portuguese, she remarked, 
"They are no so very bright." The Spanish youngsters were 
reported as "backward." She stated that the Japanese were 
the most obedient and controllable in and out of school. 

5 Nora Sterry, "Social Attitudes of Chinese Immigrants," Jour- 
nal of Applied Sociology, July-August, 1923. 

6 M. L. Darsie, "A Preliminary Report on the Mental Capacity 
of Japanese Children in California," already cited in chapter xvii. 



364 RESIDENT ORIENTALS 

Then I drove to School No. 2, a few miles distant. Here 
is a two-story building on the outskirts of the town. The 
school building is an old two-story affair. Two handsome 
palm trees are in front of it and in the rear are ample play- 
grounds. The total enrolment was ninety-one and included 
twenty-nine Japanese, twenty Chinese, sixteen Spanish and 
.Mexicans, fifteen Portuguese, four of English or Canadian 
descent, three Mexicans, three Scandinavians, and one 
Irish-Spanish. I first visited the primary class. The teacher 
was an American girl of delightful personality. In her room 
were thirteen Chinese and ten Japanese, of whom she re- 
marked that "they give the least trouble, they have good 
home control, they dress well, have good rubber boots and 
warm clothing, in winter. They do the best work " 

School No. 3 stands on the edge of a little old-fashioned 
town largely populated by people from the Mediterranean 
countries. The enrolment was about one hundred and fifty, 
and included racial origins as follows: one hundred Portu- 
guese, twenty Japanese, eight mixed Spanish and Mexicans, 
four Italians, three French, three Filipinos, two Porto 
Ricans, one English-Belgian, two of Irish descent, one Cana- 
dian, etc., and one flaxen-haired little boy of the old Ameri- 
can stock. The principal of this school, a man, in answer to 
my question, "Are the Japanese keener than the others?" 
responded, "Absolutely." When I asked if they were obe- 
dient he made the same reply. In conversation with a young 
teacher, who had been in the school but three weeks, she 
said of the Japanese, "To tell the truth, they are far ahead 
of the others; they pay attention." The principal remarked 
of the same group, "The Japanese children let nothing dis- 
tract their attention from the work in hand. They have the 
power of concentration." I was informed that one Japanese 
boy was three years ahead of his class. 7 

These children have a keen appreciation of color 
and design. The Chinese child is rare who is not 
markedly talented in drawing and painting. 8 

These young people are great readers, too, spend- 
ing much time in the public libraries. Miss Marion 
Horton writes in the Library Journal: 

7 William C. Allen, "Americanization in Some of Our Public 

Schools," School and Society, Vol. XXII, No. 562 (October 3, 1925.) 

s Sterry, op. cit., p. 11. 









COMMUNITY CONTACTS 365 

The children's rooms of the branch libraries near "Little 
Tokyo" are filled with almond-eyed boys and girls after 
school and on Saturday. They are quickest to learn, honest 
about paying fines, and are omnivorous readers, with a 
preference for serious books. They are quickest to learn the 
use of library cataloging and classification. 9 

There have been a number of cases on the Pacific 
Coast of signal honors being given to Oriental stu- 
dents in the public schools, not only in scholarship 
rewards, but many times by popular election of the 
student body, showing how much more ability counts 
than race prejudice among children and young peo- 
ple. These honors have often provoked public 
criticism, which sometimes has even been strong 
enough to cause a reversal of opinion among the 
students, but in almost every case the racial an- 
tagonism has been aroused by the injudicious play- 
ing up of the story by the newspapers. It is significant 
that almost always the parents, and not the children, 
are to blame for these unfortunate occurrences. The 
principal of one of the Oakland grammar schools in 
a letter dated November 13, 1924, expresses aptly the 
difference in attitude of parents and pupils: 

The two groups of children (Americans and Orientals) 
have played together in the yard, and since I have had 
charge of this school, dating back to 1909, there has been 
practically no serious friction between the two races. In 
fact, there has been less cause of complaint along this line 
than was the case in Hayward, where we had a mixture of 
American and Portuguese children. 

.... I have occasional individual protests from American 
people who come to enter their children in this school, but, 
so far as I can remember, none from those whose children 
have been in the school for any length of time. Such people 
object upon general principles to having their children as- 
sociate with foreigners, particularly Negroes and Orientals. 
To such, I speak of the high character of the work done by 
these children, and of the fine character of the Chinese boys 

9 February 15, 1922, pp. 45-46. 



366 RESIDENT ORIENTALS 

and especially of the Chinese and Japanese girls. If they 
are convinced, and enter their children, I never hear of it 
again. In some cases, they refuse to enter them and take 
them elsewhere. (B-712 S.R.R.) 

Following are a few stories of Oriental pupils 
which are self-explanatory: 

On our Fresno High School soccer football team of last 
year (1923) there were one Chinese, one Armenian, and three 
Japanese. When it came to choosing a captain I put it up 
to the boys to elect their leader and there was an instant 
and unanimous reaction in favor of one of the Japanese 
boys, who ran the team victoriously all season. (66 S.R.R.) 

Two years ago a Japanese was elected captain of the 
Occidental baseball team. He earned his election by skilful, 
consistent ball-playing, and by his friendly and modest 
attitude toward his fellow-players. It was a unanimous elec- 
tion, I am told, and the ball team had a most successful 
season under his captaincy. When he was awarded his letter 
in the Occidental College chapel the student body gave him 
a veritable ovation, which was a magnificent tribute to him 
as a baseball player and in which all racial discrimination 
was absolutely eliminated. The spirit of fair play and the 
recognition of athletic ability triumphed over any racial 
discrimination. One of his team-mates voluntarily remarked, 

"T may be yellow on the outside, but he is w r hite on 

the inside." 10 

On Washington's birthday, the seven-year-old son of a 
Japanese tailor in Seattle was cast for the role of George 
Washington in a school play enacting the incident of the 
cherry tree. One of the Seattle afternoon papers heard about 
it and sent out a reporter who, failing to reach the building 
in time to see the play, and failing also to elicit all the in- 
formation he wished from the principal, induced a couple 
of small boys to show him where the boy lived who had 
taken the part of George Washington in the play. The next 
day a large picture of the boy appeared in the paper ac- 
companied by the following article : 

!<> Letter from Professor George M. Day, Occidental College, 
Los Angeles, dated May 4, 1927. 



COMMUNITY CONTACTS 367 

SEATTLE'S GEORGE WASHINGTON 

White Children at H School Ignored, While Japanese Boy Imper- 
sonates Father of Our Country 

When authorities at the H School sought by means of a small 
pageant to acquaint childish minds with the ideals of "the father 
of his country," somebody had an idea, in fact, no less than that 

A , vassal of the Mikado, should play George Washington. It 

was quite a nice little playlet, although the children were some- 
what abashed when the young Oriental chopped down the im- 
aginary cherry tree. Some of them even went so far as to suggest 
that a white American boy should have had the part, but these 
suggestions were sternly repressed 

.... The Sons of Veterans and the Women's Auxiliary 
passed resolutions condemning the teacher of the Japanese 

boy, Miss B , for what they considered an unpatriotic 

act and asking her to apologize or resign her position. The 
Superintendent of the Seattle Public Schools said it was 
unnecessary for the board to take any action. He personally 

assisted Miss B to write a reply to the resolutions sent 

her, although his signature did not appear upon the letter. 
He said they had had one telephone call protesting at the 
retaining of Miss B — — on the teaching staff, but that pro- 
tests to receive any official recognition had to be in writing, 
and as nothing more had come of it the matter had been 
dropped. (328 S.R.R.) » 

As valedictorian I thought there might be considerable 
trouble, but I was mistaken. Except for the contempt of a 
few worthless pupils, everyone was sincere in his congratu- 
lations. On the day of Commencement I had a little trouble. 
I was warned by the principal of the high school that there 
might be some "rough stuff" and was told to be careful. That 
evening after we were all seated on the platform I received 
a note. It said: 

Important. Come to your machine immediately. Important. 
Very important. Your presence is urgently desired. 

Vice-Consul 
X 
(Mark was illegible.) 

At first I took the note seriously, but after asking the boy 
and girl on both sides of me, both prominent in school 
activities and both splendid characters, I realized that it was 
some ruse. Then I noticed that it was written on school 
glenco paper. 



3()8 RESIDENT ORIENTALS^ 



After giving my oration and valedictory, the boy and 
girl added some significant words to their congratulations. 
The girl said, "Now, aren't you glad you didn't go off?" 
The boy said, "And you had a wonderful audience." Once 
off the stage, I received many congratulations 

Outside of school life nothing of special interest has 
happened except that article in the Star. After cooling down 
from my anger, I came to the conclusion that I could thank 
the Star for two good things: (1) for the publicity it gave 
me; (2) because it did more good than harm to the Japa- 
nese cause. (326-A S.R.R.) 



The evening schools in the cities are well attended 
by Chinese and Japanese adults seeking a better 
knowledge of English. In places where public classes 
are not provided, the churches and Oriental clubs 
find such classes popular. In a study of the Japanese 
in Los Angeles in 1924, it was found that these adult 
students, even the women, are literate, and many of 
them have had high-school and college educations in 
Japan. Many Japanese women willingly work as 
domestic servants in American homes to learn Eng- 
lish, and they attend in large numbers the evening 
classes in sewing, cooking, and millinery. 11 

In the high school to some extent, but especially 
in college, the Oriental students feel most keenly the 
race prejudice of their fellows. There they are in a 
very small minority. In 1922-1923, there were 329 
Oriental students in colleges and universities in the 
three Pacific Coast states, or 15.2 per cent of all those 
in America. 12 These students are faced by difficulty 
in securing rooms, and sometimes in getting attention 
at nearby stores. Besides, there is the tendency of 
college students to make selections for cliques and 
clubs from their intimate group, thus leaving Orien- 
tal students often without the possibility of making 

ii Tuthill, op. cit., p. 20. 

12 United States Bureau of Education, Bulletin No. 11 (1926). 






r 



\ 



COMMUNITY CONTACTS 369 



friends. Professor Yamato Ichihashi, of Stanford 
University, says of these students : 

The main difficulty, the biggest adjustment, is in learning 
the language. Either the immigration law should be revised 
so that students could have three months in America to 
learn English before attending school, or the colleges could 
make it compulsory for foreign students to take a special 
course unless they can pass an English test. 13 

Miss Bessie Jeong, an American-born student of Chi- 
nese parentage, expresses similar sentiments: 

Oriental students get an inferiority complex because they 
must take an unimportant place in university life here after 
having been leaders in their own colleges. American-born 
foreigners don't have as much trouble, but the Chinese and 
Japanese must make adjustments — they have to learn the 
language and customs. 14 

The following story of a Chinese student in Fresno 
State College illustrates the hardships which these 
cultured people often endure: 

I came to Fresno to perfect my English and to prepare 
for the University. I suffered a good deal at first from race 
prejudice. I remember when I first went out to the college 
that people looked at me and laughed at me. When I sat 
down beside some students they would get up and move 
away. I thought it would be very convenient to get a room 
near the college, and had no idea but that it would be easy 
to find a nice place. There were many signs displayed, 
"Rooms and Board." The first house I called at, the land- 
lady said that she rented only to women students. At the 
second place they said they had just filled all the rooms and 
had failed to take down the sign. At the third place the man 
was honest enough to tell me that he was sorry but that they 
had a rule against renting rooms to Chinese and Japanese 
students. Again I felt greatly cast down and ashamed that 
I was a Chinese. The same day a man met me and said that 
they would give me a room if I would work in the garden 
one hour a day and clean the house on Saturday mornings. 

13 From The Stanford Daily, May 2, 1927. 

14 Ibid. 



1 

370 RESIDENT ORIENTALS 

He was very kind and pleasant, but I could not decide to do 
manual work, for at that time it seemed to me to be de- 
grading and beneath the dignity of a student. Finally, I had 
to go across the railroad tracks, two miles away to the 
Chinese quarter, to find a room. 

Some time after, I happened to be walking past the home 
of one of my honored professors, and greatly to my sur- 
prise, I saw him in rough working clothes, mowing his 
lawn. He stopped, and he told me that he had worked his 
way through college by mowing lawns, caring for furnaces, 
waiting on tables, etc. He also said that many hundreds of 
the best American students put themselves through college 
in that way. This made a tremendous impression upon me, 
and is the most striking lesson that I have learned in 
America. Later, since I was short of funds, I secured dif- 
ferent jobs, w r orking in American homes. (66 S.R.R.) 

The Y.M.C.A. and the Y.W.C.A. do much to allevi- 
ate the difficulties of the Oriental students,, as do 
other organizations su(5h as the Student Volunteers 
and the churches. 



FRATERNAL ORGANIZATIONS 

The statement by the Immigration Commission 15 
that Chinese and Japanese are not allowed to become 
members of fraternal organizations in America is 
not strictly true. While the number of people of this 
race who are admitted to national organizations such 
as the Masons, the Knights of Columbus, Rotary In- 
ternational, Kiwanis, and college sororities and fra- 
ternities is small, recent inquiry has brought out the 
fact that the organizations of this character which 
have actual rulings against admission of members 
of these races are the Elks, the Exchange Club, and 
the Native Sons of the Golden West (the similar 
Chinese organization with the same name is not af- 
filiated). 

]5 United States Immigration Commission Report, 1910, p. 163. 




COMMUNITY CONTACTS 371 

Dr. Ng Poon Chew of San Francisco, a member of 
the Masonic Order, states: 

There are worthy men of my race who would reflect 
honor on our ancient institution if admitted to our fra- 
ternity; on this coast only a few have gained that honor, 
hut in the eastern part of the country, many are found 
among the members of the Masonic lodges. I know two of 
my Chinese friends are thirty-second degree Masons. 1 " 

Dr. R. A. Groshong of Selma, California, who is a 
member of the Rotary Club of that city, as well as a 
director of the Chamber of Commerce and Com- 
mander of the Selma Post of the American Legion, 
writes : 

We have as a member of our Rotary Club at Selma a Chi- 
nese who is a groceryman in his classification. I am on the 
Classification Committee, and know that if the proper Japa- 
nese should make application, he could become a member 
here in Selma. 17 

Mr. Fred A. McClung, Governor of the second dis- 
trict of Rotary International, writes: 

There is no rule in the organization of Rotary Interna- 
tional that I know of, that forbids Chinese or Japanese to 
membership. We have Rotary Clubs in both of those coun- 
tries, so there is no more reason for denying membership 
in the Rotary Club of this country to them than to a German 
or a Frenchman, provided the proposed member fulfills all 
of the other requirements for membership, that is, is the 
executive in a business, the classification of which is open 
in the club. 18 

The following story of a college student who be- 
came a member of a college fraternity is not typical, 
but shows how race prejudice may be overcome even 
in these select circles: 

16 Ng Poon Chew, "The Translation of an Oriental," The 
Trestle Board, p. 65, date uncertain. 

17 Letter to the writer, dated May 14, 1927. 
is Letter to writer, dated April 12, 1927. 



:*72 RESIDENT ORIENTALS 

A — — , a pure-blooded Chinese, is affectionately known 

on the College campus as "Beans." His father and 

mother were born in China and came to Honolulu before 
they met and married. Beans is the eldest of a number of 
children, all of whom are helped in their education by the 
father. Beans, however, has earned his own way almost 
exclusively. Meeting two American boys in Hilo at high 
school, where, by the way, he earned his letter in three 
sports, he formed a partnership with them in a musical 
venture which has sent all three of them through college. 
He plays the steel guitar, one of the most difficult instru- 
ments to master, and his infectious grin and uncontrollable 
shoulders never fail to win an audience. 

As a freshman, Beans w T as a star on the first-year nine. 
He is about five feet four inches in height, weighs only a 
hundred and twenty pounds, but he is fast as lightning and 
has a natural head for baseball. He went out for basketball, 
swimming, tennis, and track, but his diminutive size barred 
him from everything save baseball. 

.... Since October of this year Beans has been a 
member of Sigma Phi Alpha fraternity. This is not my own 
fraternity but I know many of its members very intimately, 
and Beans holds a position in the group which has ab- 
solutely no race consciousness. (B-828 S.R.R.) 

Both Chinese and Japanese, however, have frater- 
nal organizations of their own which largely take 
care of the social life of the men, who make up the 
large majority of these people in America. This is 
especially true in the cities; and since farmers make 
the nearest Chinatown or Japtown their headquar- 
ters for shopping, marketing, and recreation, it is 
probably true of them also. The Japanese have so- 
cial clubs such as the Young Men's Association (not 
to be confused with the Y.M.C.A.), and various stu- 
dents' groups, as well as athletic and literary clubs. 
There are also young people's societies in both the 
Christian and Buddhist Japanese churches, and 
often clubs are formed and directed for them by 
civic centers such as that of Oakland. 



COMMUNITY CONTACTS 373 

Chinese men also have many affiliations with so- 
cial clubs of various kinds. In Los Angeles almost 
every Chinese man belongs to the Chinese Chamber 
of Commerce, while in San Francisco all of the older 
generation of Chinese men are members of the Chi- 
nese Six Companies. Both of these organizations 
have a powerful influence in the government of their 
respective Chinatowns, and serve many other func- 
tions besides that of social intercourse. To most 
Chinese, furthermore, the tong is a mutual aid 
society as well as a center of their social and per- 
sonal activities. The tongs of Los Angeles are re- 
ferred to by Nora Sterry, Principal of the Macy Street 
Neighborhood School, Los Angeles : 

A tong is a fraternal and political organization, intent 
upon furthering the interests of its members and imbued 

with an intense spirit of rivalry toward other tongs 

A man may belong to more than one tong; I know of one 
man in San Francisco who belongs to six tongs and walks 
the streets openly and in safety during any tong war; but 
this is far too expensive a proceeding to be common. . . . . 
Each tong is a chapter of a large inter-state organization and 
all fellow-members wherever located are pledged to mutual 
support. 19 

A vivid description of the clubs of Chinatown, 
notably the outstanding ones of San Francisco and 
Vancouver, is given by Winifred Raushenbush in 
Survey Graphic: 

The Chinatowns of the Pacific Coast are as packed with 
clubs as a New T England town, but these clubs belong to men 
rather than to women. If you were, quite literally, to rip 
the roofs off the two gay blocks of Vancouver's Chinatown 
which are its Main Street, its Broadway, and its Fifth Ave- 
nue, you would find, like rich frosting on a cake, a multi- 
tudinous array of clubs — family clubs, county clubs, reading 
clubs, political clubs, decorated according to the wealth and 
taste of the members with red oil-cloth and priceless carv- 

19 Sterry, op. cit., p. 329. 



374 RESIDENT ORIENTALS 

ings, or with crystal candelabra, delicate Chinese em- 
broideries, and portraits of the ancestors. An examination 
of top-floor Chinatown would reveal not only that the Chi- 
nese have a political life, but that the Chinatown Chinese of 
the ("oast come of pioneer stock, that they are by tradition 
fundamentalists, and that they have family trees which go 
back a little farther into the dim mythical spaces of time 
than do any other family trees except those of the Irish. 

Chinatown's clubs are a shadowy counterpart of China- 
town's three quite separate generations. The older genera- 
tion of Chinese, who still predominate in Chinatown, live 
in a very remote world where all the paradoxes are made 
taut; a world which is at once very stable and very frail, a 
world which is packed with pleasant sensations and worn 
smooth with loneliness. Less remote from the Westerner is 
the generation which is Chinese-born but which has been 
affected by the Chinese revolution and the Chinese Youth 
Movement. These young men are aggressive and wildly 
discontented; they seethe with ideas, and are passionately 
devoted to the new China which is coming into being. The 
native-born, who have Chinese Native Sons' Parlors up and 
down the Coast, know little about either the old China or the 
new; England, and especially Victorian England, seems 
closer to them than the aphorisms of Confucius or the 
dreams of Sun Yat Sen. 20 

The Japanese communities are less distinctive and 
not so closely organized internally, but they do have 
a much more intimate connection with their home 
government. 

women's clubs 

It is the women of these Oriental races who suffer 
the most from social ostracism and isolation in a 
strange country. The plight of these women is graphi- 
cally described by the Denver Colorado Times, a 
Japanese newspaper: 

In the Japanese communities .... the woman, who is 
the mistress of the home, is inexperienced and ignorant of 
American ways and manners. Having come over here only 
a year or two ago, or three or four at most, she is far less 

20 See Survey Graphic, May, 1926, pp. 154-155 et seq. 



COMMUNITY CONTACTS 375 

acquainted with American life than her husband, who, 
wandering about, has lived in America for many years. 

If she goes straight to her husband's field when she ar- 
rives and remains there without seeing anything of Ameri- 
can culture, how is she to bring up her children? . . . , 21 

In Los Angeles, where there are hundreds of 
clubs for the Japanese men, there is but one for the 
/women, the Rafu Jinki (Los Angeles Women's So- 
ciety) . 

There are one hundred and fifty members who hold 
monthly meetings at the Tokiwa Club rooms, where they 
are addressed by eminent lecturers on sanitation, hygiene, 

and other such constructive subjects This group of 

women were the leaders among the Japanese in the relief 
work which was done at the time of the Japanese earth- 
quake. 22 

The Y.W.C.A. is doing much to help these women. 
In 1924, the work of this organization in Fresno was 
thus described by the Y.W.C.A. secretary: 

This is an international neighborhood work established 
in the west side foreign-born residential section by the 
Y.W.C.A. War W r ork Funds and operated by the Y.W.C.A. 
It works principally among Italians, Russians, Germans, 
Armenians, Japanese, and Chinese. The building is open 
to the use of any and all, and the activities are encouraged 
by the secretary. Last night the Chinese Students' Club 
held a fete, dance, and play in celebration of the appearance 
of their annual magazine, The Trail Maker. A skit, "Miss 
Flapper Vampire," written by a Chinese girl, a student at 
Fresno State Teachers College, was given. Music, speeches, 
and dancing followed. 

Last winter we had a group of a dozen Italian women 
studying the making of artificial flowers and clay modeling 
under several Japanese women teachers. The Italians were 
Catholics; the Japanese were Buddhists; neither group could 
speak the language of the other, but got along in broken 
English. They all enjoyed it and learned a good deal. They 

2i Robert E. Park, The Immigrant Press and Its Control (New 
York, 1922), p. 163. 

22 Tuthill, op. cit., p. 16. 



376 RESIDENT ORIENTALS 

also came to know and appreciate each other and to b< 
friendly. (66 S.R.R.) 

The clubs for Japanese girls held under the auspices of 
the Japanese Y.W.C.A. are educational as well as recreational 
in purpose. Different activities keep the girls busy, such as 
story-telling, dramatics, sewing, and other such interests 
which are apt to appeal to girls of grammar- and high-school 
age. 23 






American women, especially of the cultured 
classes, seem anxious to help the Chinese and Japa- 
nese women. Miss F. Ichikawa, a prominent writer 
in Japan, who studied in America, writes of her 
experiences here in the Japan Times and Mail: 

I spent two years from the autumn of 1920 in the United 
States, and there was not a little benefit I got from my trip, 
the best of which was ihy discovery of humanity in that 
country. I found there internationalism which I had held 
as theory substantiated with flesh and blood. So long as 
one stands firm upon genuine humanity, any difference in 
races, religions, or customs and manners can hardly affect 
that foundation, as I personally experienced during my stay 
in America. 24 

In a recent survey (May, 1927) of seven public 
schools in San Francisco and Berkeley, which Japa- 
nese children attended, it was found that the Parent- 
Teacher Association in every case had a very friendly 
attitude toward the Japanese parents, and tried to 
encourage their attendance of its meetings. In fact, 
in the Raphael Weill Grammar School at San Fran- 
cisco, where there are 300 Japanese pupils out of 
a total of 700, the president of the Mothers' Club is a 
Japanese woman. The teachers and officers of these 
organizations, however, felt strongly that both Chi- 
nese and Japanese women were too retiring to attend 

23 Tuthill, op. cit., p. 17. 

24 Japan Times and Mail, October 1, 1924, p. 15. 



COMMUNITY CONTACTS 377 

their meetings, partly to be accounted for by their 
language handicap. 

Y.M.C.A. AND Y.W.C.A. 

The work of the Young Men's and Young Women's 
Christian Associations with the Chinese and the Jap- 
anese on the Pacific Coast has already been men- 
tioned. Their work with the women in the cities, and 
with the students in the colleges, seems to fill the 
greatest need, although all functions of their work 
are much appreciated by these people. The follow- 
ing letter from Mr. Richard R. Perkins, General Sec- 
retary of the San Francisco Y.M.C.A., dated June 2, 
1927, describes adequately the character of the serv- 
ice which this institution, as well as the Y.W.C.A., is 
performing : 

For sixteen years the San Francisco Y.M.C.A. has had a 
Chinese branch and has just completed one year of opera- 
tion in a splendid four-story modern building located in the 
midst of Chinatown. , « 

For eight years we have had a Japanese branch with an 
inadequate plant, situated in the Japanese district. Next 
year this plant is to be replaced by a modern one. 

These branches have an Oriental staff and are managed 
by an Oriental Committee of Management, in the same 
branch relationship to the San Francisco Y.M.C.A. as are all 
our American branches. 

The physical recreation uses our regular equipment of a 
gymnasium, outdoor playground, and in the case of the 
Chinese branch, a swimming-pool. 

Trained physical directors are supplemented in their 
work by volunteer leaders who are given regular training 
for their work. These leaders, with appropriate committees 
of volunteers, conduct gymnastic, indoor, and outdoor 
games, competing regularly with Americans as well as among 
themselves. Competitive games are held in other branch 
Y.M.C.A.'s, in church gymnasia, and on public playgrounds. 
An occasional inter-department or inter-race track-meet is 
held. 

The inter-race competition is very successful. Unfortu- 



378 RESIDENT ORIENTALS 



% 



nate incidents due to race prejudice are almost totally lack- 
ing. There is probably some comment by spectators and 
American participants on the matter of race, but while pur 
ears are most alert to hear it we can report no such comment 
outside of one incident. This incident was an unfortunate 
remark by an American volunteer church club coach. The 
games were under Y.M.C.A. direction. We promptly and 
vigorously "called" the offender and he accepted the rebuke. 

The San Francisco Y.M.C.A. 110-pound basketball play- 
ers won the P.A.A. championship this year. One active mem- 
ber of the team of eight or ten boys was a Japanese. This 
seems to have been a matter for favorable comment rather 
than otherwise. 

It would be impossible to have Orientals attend the 
American branches. This is what we all desired. It is done 
in other American cities outside of California without diffi- 
culty. Numbers seem to precipitate problems. We constantly 
test it out as a matter of social experimentation. A few 
on the gymnasium floor do not seem to create difficulty. A 
large number immediately changes the situation. Even one 
in the swimming-pool brings resignations from American 
members. We have opened our Central Branch plunge late 
evenings and also Saturday mornings to Japanese. Where 
there is overlapping of American and Japanese groups there 
is grumbling. 

We also permit Japanese and Chinese occasionally to 
live temporarily in our dormitory section. This does not 
cause comment. We have never tried it with large numbers. 
Incidentally, we find that the Japanese do not care to have 
Chinese living in their building, and vice versa. Of course, 
other than racial grounds are responsible for this. 

You may be interested to note that on occasions, perhaps 
annually, inter-branch social events are held, each branch 
furnishing some part of the entertainment and all joining 
in common games or sitting about listening to social recre- 
ational features. These affairs are quite lacking in unfortunate 
features either by way of remark or other noticeable atti- 
tude. The Oriental "stunts" are invariably more enthusiasti- 
cally cheered than any others. We notice the same thing in 
the reports of the Oriental teams in financial campaigns. 

The attitude of the Y.M.C.A. is that of meeting the recre- 
ational needs in whatever way they have to be met, and of 
trying out popular sentiment with regard to the two races 
doing things together. 



COMMUNITY CONTACTS 379 

'A few Oriental boys go to our Boys' Camp. They are as- 
similated, perhaps one to a tent, among the other boys. 
There is no conflict. They are more than welcome since 
their athletic ability makes them quite desirable in the inter- 
tent competition. 

The Y.W.C.A. is an exceedingly helpful influence 
in assisting those who need the most help, that is, the 
adults who do not know English and the young 
women who have difficult home and family prob- 
lems. 

CHURCHES AND MISSIONARY SOCIETIES 

The Japanese in the United States are Buddhists, Shinto- 
ists, and Christians. The Chinese do not, for the most part, 
build churches or temples of their own, and comparatively 
few of them are Christians. 

The Buddhist churches in the United States are studying 
and duplicating the methods of the Christian churches, 
largely in order to hold the native-born Japanese children 
who not only know English better than they do Japanese but 
who tend to feel more at home in a Christian than in a 
Buddhist church. 2 ' 

Because of their use as social centers as well as 
places for religious services, the churches have a 
great opportunity for promoting the happiness of 
the Japanese people and for making pleasant con- 
tacts between the Japanese and the Americans. Yet, 
in Los Angeles, where the Japanese community is 
fairly typical, it appears that not more than 30 per 
cent of the Japanese are in the habit of going to 
church (Christian, Buddhist, or Shintoist) ; 2G and on 
the whole Pacific Coast, "only 20 per cent of the 
Chinese and less than 8 per cent of the Japanese are 
reached even by the very limited program of the 
mission boards, though at a cost of about $15 a year 
and $120 in buildings for every Chinese and Japanese 

25 Tentative Findings of the Survey of Race Relations, Stan- 
ford University, March 21-26, 1925, p. 22. 

26 Tnthill, op. cit., p. 33. 



MO RESIDENT ORIENTALS 

church member and school pupil reported by the 
missions." 27 The work of the churches, too, is greatly 
hampered on account of duplication of effort, due to 
rivalry not only between Buddhists, Shintoists, and 
Christians, but also within Christian denominations. 
Dr. G. W. Hinman, formerly Secretary of the Ameri- 
can Missionary Association, Pacific District, describes 
this rivalry in his booklet, Community Responsibility 
for Oriental Immigrants: 

In the San Francisco Bay Region, the largest center of 
Chinese population, twelve thousand or more, fifteen Prot- 
estant organizations and one Catholic carry on work for the 
Chinese, reaching perhaps one-half of the population more 
or less effectively, but so completely occupying the field as 
to discourage any thought of new civic agencies with a 
comprehensive social program for the Chinese. 

There is abundant evidence to show that any church or 
group of churches, with a spirit of union and with vision 
and leadership, can secure from its community abundant 
co-operation in a program of social betterment. But long- 
continued effort has not yet succeeded in uniting the mis- 
sionary forces working for Chinese in the San Francisco 
Bay Region even for their limited program of elementary 
educational work. Separate night schools and day schools 
and kindergartens and Chinese-language schools must be 
maintained to recruit the denominational Sunday schools 
and churches. "Some other mission will get our children," 
if we do not duplicate every attraction that is offered by 
another denomination. And when members are received 
into the Chinese churches these churches are so hampered 
in their control of their buildings and activities by the 
paternalism of the mission boards that they develop little 
initiative even when their leaders do get together to con- 
sider common interests. 28 

It is interesting to note that at present writing 
(June, 1927), the Japanese second-generation mem- 
bers of ten churches of six different denominations 

27 George Warren Hinman, Community Responsibility for 
Oriental Immigrants (New York, 1924[?]), p. 11. 

28 Ibid., pp. 9 and 10. 



COMMUNITY CONTACTS 381 

in the neighboring cities of Oakland, Berkeley, and 
Alameda are giving active consideration to the de- 
sirability of a single union church. 

The anti-Orientals in many places have capital- 
ized this friction between the churches to gain their 
own ends. In 1923 and 1924, there were three such 
agitations started in the neighborhood of Los Angeles 
over the establishment of new Japanese churches. 
In Hollywood, the Japanese attempted to buy a piece 
of property to use for a Japanese Presbyterian 
Church; in Long Beach, three Presbyterian churches 
tried to buy property for a Japanese mission; and in 
Pasadena, the Japanese wished to establish a Bud- 
dhist temple in the same block with two Christian 
churches. In all three cases, ministers and church- 
members of certain other faiths sided with the anti- 
Japanese groups in preventing the erection of the 
new churches; and in two cases, their efforts were 
successful. 29 Although, in Long Beach, the Presby- 
terians finally received permission to build their mis- 
sion, it was only after a year's bitter fight. 30 

This dissension among the churches has led a 
Japanese Congregational minister in Central Cali- 
fornia to write: 

I have watched Christian America break almost every 
ideal I possess. In the face of the immense efforts of the 
Japanese to adjust themselves to American life and ideals 
and habits and to show that they could be assimilated, the 
American people have passed one unjust law after another 
until we wonder whether there is any justice left in America. 
I have been saddened and have lost heart to see many Ameri- 
can churches and pastors side with these anti-Oriental 
measures. (454 S.E.R.) 

In the words of Dr. Hinman, "it is extremely 
doubtful whether the unassimilated Oriental com- 

29 See 678 S.R.R. and B 388 S.R.R. 
so See 176 S.R.R. 






382 RESIDENT ORIENTALS 

munities scattered all through the Pacific District can 
ever be Christianized and Americanized unless the 
mission boards abandon their denominational em- 
phasis and narrow vision and lead their supporters 
in every church to an acceptance of local community 
responsibility for the Chinese and Japanese residing 
there. This might be a harder job, but it would be 
vastly more effective than making large appropri- 
ations for denominational mission work." 31 

CHAMBER OF COMMERCE AND COMMUNITY CHEST 

Chambers of Commerce and civic organizations 
have given every evidence of standing ready to co- < 
operate with the Chinese and Japanese in their com- 
munities. The response, however, has not been large. 
At Brawley, California, there are 10 Japanese- mem- 
bers of the Chamber of Commerce; at Watsonville, 
15; at Salinas, 15; and at Fresno, 20. 

The Japanese and Chinese are sympathetic in time 
of emergency or need. The record of Japanese in 
Japan at the time of the San Francisco disaster in 
1906, and the contributions of American Japanese 
and Chinese during the World War and for the 
relief of sufferers of the Japanese earthquake in 1928, 
are evidences of their generosity. Although they 
have their own organizations which give financial 
aid to poverty-stricken people of their own races, 
and often pay for the transportation of the aged poor 
back to relatives in their native land, they do con- 
tribute to the community chest when asked to do so. 
A description of their co-operation during the War 
is volunteered by the Mayor of Fresno : 

I am holding no brief for the Japanese or anybody else, 
but I just want to state, and all the gentlemen in this room 

si Hinman, op. cit., p. 11. 
32 See B 878 S.R.R., p. 12. 



32 



COMMUNITY CONTACTS 383 

will bear me out, that our Japanese population in this city 
and county have done their best during the War, and all 
Liberty drives and everything for the government; they 
have always come through. 33 

In June, 1927, a benefit ball was given in San Fran- 
cisco Chinatown for the benefit of the Mississippi 
flood sufferers. The patrons included many of the 
most influential business men in Chinatown. 

NEIGHBORHOOD RELATIONS 

The crux of the matter is that local sentiment fur- 
nishes the background, and human contacts are be- 
tween individual and individual — not between race 
and race. These conditions cannot be made too plain. 
Abraham Lincoln uttered these words : "Public senti- 
ment is everything. With public sentiment, nothing 
can fail; without it nothing can succeed. Conse- • 
quently, he who moulds public sentiment goes deeper 
than he who enacts statutes or pronounces decisions. 
He makes statutes an'd decisions possible or impos- 
sible to be executed." Professor William Graham 
Sumner, in describing the "ritual of the mores," ex- 
plains: 'The current habits as to hours of labor, 
meal hours, family life, the social intercourse of the 
sexes, propriety, amusements, travel, holidays, edu- 
cation, the use of periodicals and libraries, and in- 
numerable other details of life fall under this ritual. 
Each does as everybody does." 34 It is a question of 
human geography. 

The individual aspect is clearly brought out by 
Dr. Inui, whose ten years in the United States, during 
which time he was for two years General Secretary 
of the Japanese Association of America, has given 



33 Hearings before House Committee on Immigration and 
Naturalization (July 19-21, 1920), p. 847. 

3 ^ Folkways, 1907, p. 62. 



384 RESIDENT ORIENTALS 

him a remarkable basis for intimate observation. 
Dr. Inui strongly believes that the California environ- 
ment produces the belief, "I am not prejudiced, but I 
am afraid my neighbor is." While the present writer 
feels sure that race prejudice directed against the 
Japanese exists to a much greater degree than would 
be implied by the foregoing analysis, he does not 
believe that the roots go deep. A universal public 
opinion regarding the Orientals does not exist any- 
where, although surface indications are often pro- 
nounced and general. Three different attitudes in 
the same city block or two are not uncommon : 

This antagonism displayed in the neighborhood relation 
is apparently most strong in the Hollywood community. One 
woman who is the leader of the anti-Japanese forces there 
stated that she wouldn't speak to a Japanese. "If you give 
them an inch, they'll take a yard." Later she continued: 
"Hollywood has been done more harm by the Japanese than 
by the movies." She perhaps has some justification for com- 
plaint, living opposite a large lot, the front of which is 
covered with nursery stock. At the back there are two 
houses occupied by several families, besides a shoyu sauce 
factory. This woman said that at some times the odor from 
this bean sauce was very objectionable; she had complained 
of it twice, she said, and the third time it was necessary she 
was going to make further effort to force them out entirely. 

Another woman, living about a block away from the 
above-mentioned place, had an entirely different attitude. 
She had Japanese neighbors, having had them for the past 
four years, and states they were most desirable. The chil- 
dren never came into her yard unless invited, and were not 
objectionable in any way. She said, "I think if we allow 
them to come here at all, we owe it to them to treat them 
fairly while they are here." This woman said they always 
remembered her at Christmas time, with many apologies, 
saying they knew that their children must bother her very 
often. 

A third woman answered the question if any neighborly 
relations existed between them and their Japanese neighbors, 
by saying, "Why no, we wouldn't think of being neighborly 
with 'Japs.' They aren't white." She has lived next door to 



COMMUNITY CONTACTS 385 

a Japanese family for fifteen years and has only a speaking 
acquaintance with them. 35 

In general, it may be stated that the actual social 
contacts between Japanese and Americans, Chinese 
and Americans, or Japanese and Chinese are very 
few. There is no reason why persons of the same 
social or financial class, irrespective of race, cannot 
become intimate friends; but they seldom do. Busi- 
ness firms and good-will organizations provide al- 
most the only Coast agencies for continual contact. 
In time the racial barrier will prove less conspicu- 
ous, especially with the disappearance of the aliens 
who cannot speak good English. 

INTERFERENCE FROM WITHOUT 

Serious interference with the cultivation of per- 
fectly natural relations between foreigner and citizen 
can often be attributed to the influence of press news 
and miscellaneous propaganda originating outside 
the immediate locality. It is human nature to resent 
diplomatic pressure ot gratuitous advice by outsiders, 
in fact, it is often difficult to tell which of the two is 
treated with more disdain. In this connection the 
West Coast barometer is so sensitive that low- or 
high-pressure areas are quickly recorded. A pioneer 
attempt to gauge the interest of a fairly typical city 
population, by means of a day-to-day count of the 
number and subject of news items, in questions af- 
fecting Chinese and Japanese, was made the basis of 
a recent valuable study. 

There is reproduced here the following table to- 
gether with Charts XIV and XV (pp. 387-388), which 
record the space and number of items appearing in 
the San Jose (California) Mercury-Herald, a daily, 
applicable to the Chinese and Japanese; the period 
covered was 1912-1923 : 

ss Tuthill, op. cit., p. 13. 



:w(j 



RESIDENT ORIENTALS 



Comparison of Number of Items and Amount of News 

Space in Column Inches Where the Same Type 

of News Appears for Both Races, or Is 

Significantly Lacking* 



Subjects 


Chinese 


Japanese 




Items 


Inches 


Items 


Inches 


Economic competition, all types. . . . 

Gambling 

Traffic in narcotics. 

Liquor law violations 


11 
221 
150 

17 

34 
32 
46 

18 
70 


72 

949 
581 

40 
106 
113 
130 

47 
244 

• • • 

18 

24 

55 

165 

176 

• • • 

305 

131 
92 

393 

148 
95 
47 
71 

181 
89 
67 

131 
95 
13 

117 


136 

9 
id 

16 

16 
34 
25 
34 
16 
15 
10 
23" 

8 

9 

88 

48 
45 

18 
10 

7*1 

to 

71 

Lo 

32 

8 

1 
49 
44 
16 

2 

1 

8 


1,328 

6 

75 

48 


Murder (not including tongs) 

Robbcrv 


147 
109 


Other major crimes 


134 


Minor crimes 


43 


Smuggling of Chinese and Japanese. . 


103 
43 


Suicide 


9 
7 

11 
35 
21 

41 
25 
19 
38 
24 
20 
11 

7 
24 
26 
26 
25 
13 

2 
16 


98 


Insanity 


28 


Inter-marriage 


50 


All Oriental and white women 

Exclusion agitation 


54 
1,008 


Good-will news 


375 
257 


Interesting characters 


130 


Interest in homeland 


36 


Understanding . . . 


599 


Sports 


303 


American customs 


70 


Use of American courts 


129 


Human interest stories 


31 


Holding to old customs 


3 


Accidents 


161 


Victims of crime 


144 


Interesting occupations 


83 


Slave girls 


10 


Half-caste 


3 


Oriental students 


67 







* C. N. Reynolds, thesis for the degree of Ph.D., Stanford Univer- 
sity, 1927. 



COMMUNITY CONTACTS 



387 



CHART XIV 

Favorable, Unfavorable, and Neutral Newspaper Material 
Concerning Chinese in America and Total News 
Concerning China Appearing in the San Jose 
"Mercury-Herald," March 1, 1912 — February 28, 1917, 
and January 1, 1919 — December 31, 1923 



A <IW B 9 Chinese in America, 
Unfavorable Li 

Neutral ■ 



3,000 



I Soo 



/ooo 



Soo 



/oo 




A 

19/1- 1916 



5 
/9/S-/9Z3 



C and P, China 

iota I news concerning 
oU China. D 



I _ 



c 

19/ 2.-/9/ 6 



P 
/9/9-/9Z5 



Interesting deductions are possible from these 
data, not the least important of which is the relative 



388 



RES#)ENT ORIENTALS 



CHART XV 

Favorable, Unfavorable, and Neutral Newspaper Material 
Concerning Japanese in America and Total News 
Concerning Japan in the San Jose "Mercury- 
Herald," March 1, 1912 — February 28, 1917, and 
January 1, 1919— December 31, 1923 



A«"dB 



Unfavorable U 
Favorable, laSI 
Neutral I 



C and D , Total news Concern, 
ing Sapa.i>\ 



25oo 



2ooo 



AToo 



/ooo 



Jo© 




I 





/9t9 -/923 
B 



I9i±-{9lk> /9/9-/913 
C O 



attention given to the source of the news. Rough 
correlations indicate clearly the interrelation of for- 






COMMUNITY CONTACTS 389 

eign events and domestic political questions. If it 
were humanly possible to carry the investigations 
further so as to note the actual effect upon the local 
groups concerned thereby, the case would be made 
complete. Yet it is doubtful whether anyone could 
deny that local sentiment is soon moulded by far-off 
events. 36 Again, therefore, the point is made that 
emigrants domiciled abroad dread the injection of 
any issue, political or otherwise, which makes them 
marked objects. 

AFFAIRS WITHIN 

Americans are great readers of newspapers and 
popular periodicals; they believe most of what they 
read; and they are like other people in devouring 
sensational news. Foreign incidents as well as local 
happenings are dressed up to suit the circulation 
manager's taste. In these days of able staff writers 
and also syndicated news, the metropolitan papers 
exert a tremendous influence; one of the writer's stu- 
dents, Arnold H. Nelson, a former newspaper re- 
porter, discovered that very few rural newspapers 
have any local opinions on outside questions. 

It is not surprising, in the face of this dearth of informa- 
tion from local sources, that the newspapers of the San 
Joaquin Valley of California have not presented local view- 
points to any marked degree. They have been content to 
rehash stories from the more populous centers and revamp 
editorials printed by the larger daily newspapers of the state. 
One can hardly expect more from an editor who must act 
as reporter, advertising solicitor, typesetter, mailer, and 
printer's devil, all in one. He certainly has no time for inde- 
pendent and first-hand research. 

36 Refer to the chapter on "Occupational Status" for the diffi- 
culties reported by the University of California, Berkeley, in the 
instance of a Chinese American-born, who was finding it hard to 
secure a position on account of the upheaval in China at the 
present time. 



WO RESIDENT ORIENTALS 

The result has been that few editors of the smaller 
weeklies have commented on the Japanese at all! The atti 
tude of the Visalia Delta is typical of most of the smaller 
rural newspapers. "I have not commented on the Japanese 
question very frequently," says its editor, "and then not in 
terms of local significance. Of course, the attitude of the 
Delta has been in favor of Japanese exclusion and against 
alien ownership, but our comment has been very largely a 
reflection of general opinion unsupported by any peculiar 
conditions that might affect the community." 37 

"The issue in California is clouded by prejudice, 
half-truths, lies, malice, ignorance, and by a general 
apathy which is shaken off only during periodic in- 
cidents," 38 stated the writer. Not less accountable for 
the position in which Orientals in America find them- 
selves are the activities of politicians and of local 
branches of influential state, national, arid interna- 
tional organizations. 

HOPE OF A BETTER UNDERSTANDING 

The improvement of relations centers around the 
gathering of accurate information for subsequent 
general consumption. Yet this plan and procedure 
are difficult of accomplishment, although none other 
seems so promising. 

The subject of race relations, which transcends national 
limits or any tangible boundaries, properly focuses about 
the individual; hence, the great need is for every person to 
combine an intelligent knowledge and understanding of 
other human beings as groups and as individuals. 

One inherent handicap is that the specialist needs the 
publicist, and the publicist needs the specialist. Yet neither 
wholly trusts the other. Furthermore, specialists even within 
the same field are apt to disagree, so that the specialist in 
other lines either loses interest or becomes skeptical of the 

s~ Term paper in Economics seminar conducted by the writer, 
Stanford University, 1924. 

38 The Annals of the American Academy of Political and Social 
Science (September, 1925). 



COMMUNITY CONTACTS 391 

findings. The more expert one is in any subject, the less 
of an expert or even broadly posted he is in all others — an 
unfortunate condition when one appreciates that there are 
no closed doors within the house of knowledge. An agri- 
cultural chemist in India, Hankin, has recently written a 
very suggestive book, The Mental Limitations of the Expert, 
which aptly illustrates this situation. Since an expert is 
frequently out of sympathy with other experts — often he 
cannot get their viewpoint — the composite study cannot be 
left to specialists working in different lines and as indi- 
viduals. Their literary output, moreover, is adapted more to 
an academic than a general audience : therefore, the need for 
looking to the greater field of communication which is 
available, potentially at least, in the popular magazines and 
newspapers. Unless human ingenuity can devise some 
workable methods for synthesizing the conclusions of ex- 
perts and all persons who have something to contribute to 
the melting pot of attitudes, opinions, and facts, and unless 
their dissemination through a variety of channels can be 
increasingly effective, we are thwarted in our attempt to 
understand the greatest of world problems. 

There really is not such a thing as a race problem. What 
we call race is really a badge. Integrated individual dif- 
ferences make up the whole of the question, of which a 
better understanding arid appreciation by each one of us 
of the other person is surely the solution. 39 

To the Oriental on the Pacific Coast, the signifi- 
cance of such a combination between experts and 
publicists means much in the cultivation of more 
agreeable relations in every-day living. 

OPPORTUNITIES FOR CLOSER INTER-RACIAL CONTACTS 

The concluding paragraph of the Tentative Find- 
ings of the Survey of Race Relations* reads : 

Race relations, like other human relations, inevitably 
involve animosities and engender friendship. The conduct 

so Remarks, Proceedings of the First Session, Institute of 
International Relations, Riverside, California, (1926). University 
of Southern California Press, 1927. 

40 Published at Stanford University, March, 1925. 



392 RESIDENT ORIENTALS 

of social life, in so far as it is an art, consists in making 
animosities fruitful. This has taken place whenever we have 
been able to substitute for war competition, for competition 
rivalry. In this way the inevitable and natural conflicts of 
races become an instrument of progress and so contribute 
to the common welfare. 

The great need, as Messrs. Iyenaga and Sato have 
written, is for the local Japanese to regain the friend- 
ship of Californians. 41 This involves an insight such 
as that expressed by Herbert Hoover: "The prime 
safeguard of American individualism is an under- 
standing of it; of faith, that it is the most precious 
possession of American civilization, and a willing- 
ness courageously to test every process of na- 
tional life upon the touchstone of this basic social 
promise." 42 Likewise, racial contacts in American 
community life are the relations of man to man. 

41 Japan and the California Problem, 1921, p. 148. 

42 American Individualism, p. 70. 






CHAPTER XIX 



RESUME 



Since this study is one of laws, regulations, and 
judicial decisions and their actual operation, the ap- 
proach and treatment has been primarily from the 
legal standpoint. Furthermore, the point of view has 
been to make as broad a contrast as possible between 
the respective rights and privileges of citizens, of 
non-Asiatic aliens, and of Asiatic aliens. But the 
reader has doubtless been impressed frequently by 
the fact that law and justice are not synonymous 
terms. 

This report throughout has been concerned, not 
with moral justice, but with the statement of the law 
and its actual operation. 

PARTIES CONCERNED 

The country of emigration, China or Japan, re- 
tains control and a practical interest over its na- 
tionals. In some other matters, due perhaps to an 
unsympathetic public opinion abroad as applied to 
those of American citizenship but Oriental ancestry, 
a nation feels that it is but fitting and proper to guard 
what she regards as her just sensibilities. 

The country of immigration, the United States 
of America, is rightly believed to be a democratic 
nation, "of the people, by the people, and for the 
people." She accords to aliens the full protection 
granted under the Federal Constitution, which es- 
tablishes treaties as "the supreme law of the land," 
and provides that no state shall "deprive any person 
of life, liberty, or property, without due process of 
law; nor deny to any person within its jurisdiction 

393 



394 RESIDENT ORIENTALS 

the equal protection of the laws." But the popular at- 
titude toward one's government differs widely. "The 
Englishman," said a Japanese envoy at Washington, 
"reveres the state because it belongs to him; the Japa- 
nese because he belongs to it." Both are right, 1 one 
adds, in so far as they mean the same thing. The 
Chinese are an individualistic rather than a po- 
litically minded people. In America, there is a lax- 
ness in the regard for public authority, which applies 
jointly to the Chief Executive, whose personality is 
of great importance; to the legislative branches of the 
government; 2 and to the cojiduct of foreign affairs. 3 
The courts are held in most esteem. 

The component political entities, such as the states, 
counties, and towns, with inferior jurisdiction, are 
held in less popular esteem, yet frequently they are 
more loyally supported because they represent the 
sentiments of the local electorates. Resolutions and 



i W. H. Hadow, Citizenship (Oxford University Press, 1923), 
p. 112. 

2 "But most significant of all political matters is the growing 
distrust of legislatures. Curiously enough, although there was a 
great distrust of the executive of the nation until within a very 
few years, that seems to have entirely passed away. Governors 
of states have too little power to inspire distrust in anybody. 
But that legislatures or representatives of the people should fail 
to inspire their confidence is one of the most curious developments 
of modern politics." — F. J. Stimson, Popular Lam-Making (New 
York, 1912), p. 290. 

3 "Most Americans who write of American foreign policy de- 
nounce theii* government. They take it as axiomatic that the 
Department of State is selfish and materialistic, that to differ 
proves their own beautiful idealism. They, of course, do not 
construct policy. They have the easier and more congenial task 
of pulling it to pieces. An Englishman or a Frenchman or a 
German seldom condemns his government in advance, especially 
in international dealings. His tendency is rather to support his 
government as long as he conscientiously can. I see no reason 
why Americans should be less patriotic." — Article by N., "Our 
Much Abused State Department," Foreign Affairs (New York), 
Vol. 5, No. 4 (July, 1927), p. 567. 



RESUME 395 

bills introduced, legislation passed, and acts of public 
officials are often less considered than is true of na- 
tional authorities; many times petty politics are the 
guiding motive, but under the system of checks and 
balances the state occupies a strategic position which 
may be utilized to defy the federal authorities, even 
on questions which are primarily international and 
involve treaty rights. 4 Various remedies have been 
suggested, 5 while the existence of international law 
seems to be fairly well established. 6 

* Article X of the Constitution, an amendment which became 
effective in 1791, provides, "the powers not delegated to the United 
States by the Constitution, nor prohibited by it to the states, 
are reserved to the states respectively, or to the people." 

s "There would seem to be no valid constitutional objection to 
an act of Congress giving to the federal courts cognizance of all 
offenses for which the United States may according to the law 
of nations be held responsible to foreign powers." — W. W. Wil- 
loughbv, The American Constitutional System (New York, 1904), 
p. 108/ 

"The economic and social problems faced by the people of the 
Pacific Coast, for example, can only in part be appreciated by the 
national government and its representatives. It would seem that 
California ought to be a part — if only a subsidiary one — to any 
diplomatic or other arrangement between the United States and 
Japan affecting the land legislation. At least no final conclusion 
should be arrived at unless through a conference in which Cali- 
fornia is more directly represented than by the state department. 
There is no constitutional difficulty in this procedure." — From 
article by Orrin K. McMurray "Legal Aspects of the Japanese 
Question," in The Pacific Review (December, 1920), pp. 402-403. 

"New legislation on the subject has been vigorously recom- 
mended by President Harrison, by President McKinley, by Presi- 
dent Roosevelt, and by myself." — From article, "The Treaty 
Rights of Aliens," by William Howard Taft, International Con- 
ciliation, No. 116 (New York, July, 1917). 

6 "In modern times it is recognized that well-being rests 
largely upon law. Within a nation, law secures stability of rela- 
tionships. Similarly, among nations, the provisions of law are 
necessary in order that international well-being may prevail. 
This law is called international law, and while the existence of 
international law has sometimes been questioned, the highest 
courts of nations, such as the Supreme Court of the United States, 
in the case of Paquete Habana, and the Judicial Committee of 
the Privy Council of Great Rritain, in the case of Zamora, have 



396 RESIDENT ORIENTALS 






American citizens determine conditions of thei] 
own well-being, in so far as they are able, eithei 
through or in spite of public authority. To the Cali- 
fornians, questions affecting the Chinese and later 
the Japanese centered around fresh racial problems. 7 
The Californian's point of view is now incorporated 
into federal and state legislation. Unquestionably, 
sectional feeling has overshadowed considerations of 
international amity. s 

First-generation Asiatic immigrants are ineligible 
to American citizenship; therefore their presence 
here involves frequent negotiations between Ameri- 
can and foreign governments. The lot of those on 
American territory has been vastly improved be- 
cause of the limitations imposed under the Immigra- 



recognized that international law does exist. The highest courts of 
other nations have taken similar action. And this is probably 
sufficient basis for confidence in the existence of this law." From 
"Law and Treaties in the Pacific" by George Grafton Wilson in 
Proceedings of the Institute of Pacific Relations, Honolulu Session, 
June 30-July 14, 1925. 

7 "It is the beginning of the biggest problem that ever faced 
the American people ! . . . . Psychologically, this epitomized the 
whole question — the beginning of a race problem, multiplied in 
imagination by the possibilities of all the future; the challenge, 
which sort of a baby shall prefigure the future Californian." — 
Chester Rowell in World's Work, June, 1913. 

"The cardinal question relating to the Japanese population 
in California is the question of birth-rate. Immigration can be 
restricted, smuggling may be completely prevented, but the fact 
of the high birth-rate is something which cannot be very easily 
combated without infringing upon the traditionally sacred princi- 
ples and personal freedom. .... Nor are the Japanese a race likely 
to amalgamate completely with Americans in a few generations. 
Thus the question of Japanese birth-rate in America becomes a 
vital matter, touching the fundamental questions of national and 
racial unity in the United States." — In Japan and the California 
Problem, by T. Iyenaga and Kenoske Sato (New York, 1921), 
pp. 109-110. 

s Eliot G. Mears, "California's Attitude towards the Oriental," 
The Annals of the American Academy of Political and Social 
Science (September, 1925). 



RESUME 397 

tion Act of 1924 upon prospective newcomers of an 
inferior standard of living. While the Chinese 
usually wish to return to their country, an increasing 
number of Japanese are loath to forfeit the higher 
living standards and comforts which they secure in 
America. Despite the discriminatory federal and 
state laws enacted since 1918, extremelv few Asiatics 
have migrated to other states of the Union. 

American-born persons of Asiatic parentage, com- 
monly referred to as the second generation, are 
American citizens. Their relative and probably their 
actual numbers in the Chinese and Japanese groups, 
respectively, are on the increase. When subject to 
similar living conditions and advantages, they are 
worthy Americans : in this connection, the change in 
the Japanese citizenship laws is a favorable factor. 
To the second-generation Oriental, China or Japan 
is a strange land, English is often the only language 
he can read and write, and America is home and re- 
mains so even where living conditions and opportu- 
nities for improvement leave much to be desired. 

INFORMATION AVAILABLE 

There is no authentic, factual historv relative to 
the status of American aliens of whatever origin. 
This report then may serve as a suggestive back- 
ground to the more significant relationships of a 
legal and economic character which exist in America 
between citizens and aliens, between Asiatic and non- 
Asiatic aliens, and between Americans and Asiatics. 

The literature and the unpublished opinions on 
the particular subject of this report are almost in- 
variably approached from interested and specialized 
points of view, which are surprisingly conflicting on 
the surface because no calm attempts have been 
made toward harmonizing them. There has existed 



398 RESIDENT ORIENTALS 

almost a state of war because of the unwillingness 9 
of either side to make concessions, or because the 
Christian spirit is lacking. 10 

The actual happenings, however, have been 
grossly exaggerated. The situation is surfeited with 
both misrepresentation and ignorance, the result of 
prejudice, the sensational press, high cable and wire- 
less news rates across the Pacific, 11 which are apt to 
produce a brevity of news to the point of distortion, 
and the frequency of elections for public offices, in 
which race questions provide convenient campaign 
issues for unscrupulous politicians. 12 The facts have 
never been approached by the scientific method. 



9 "The way we generally strive for rights is by getting our 
fighting blood up; and I venture to say that that is the long way 
and not the short way. If you come at me with your fists doubled, 
I think I can promise you that mine will double as fast as yours; 
but if you come to me and say, 'Let us sit down and take counsel 
together, and, if we differ from one another, understand why it 
is that we differ from one another, just what the points at issue 
are,' we will presently find that we are not so far apart, after 
all, that the points on which we differ are few and the points on 
which we agree are many, and that if we only have the patience 
and the candor and the desire to get together, we will get to- 
gether." — Woodrow Wilson, in speech at the American Federation 
of Labor Building, Washington, July 4, 1916. 

!o Mr. Elihu Root, in accepting the award of the Woodrow 
Wilson Foundation, in New York, December 28, 1926, said: "I 
beg you to believe that I deeply appreciate the honor that you do 
me. The finest thing about it is the spirit in which it is done, 
which is able to brush aside as incidental long political opposition 
and not a few differences of opinion publicly avowed, and to rest 
upon fundamental identity of purpose with a sense of proportion 
suitable to the high distinction of the great President whose 
memory you celebrate, and suitable to the deep and permanent 
purpose of your organization. In foreign affairs it is peculiarly 
true that the spirit in which work is done is everything." 

11 V. S. McGlatchy, "Communication as a Factor in Interna- 
tional Relations," Proceedings, First Institute of International 
Relations, Riverside, 1926 (University of Southern California 
Press, 1927) ; also San Francisco Business, May 11, 1927. 

12 P. J. Treat, Japan and the United States, chap. xiii. 



RESUME 399 

LEGAL TREATMENT 

From the legal standpoint, the discriminations to 
which Orientals in America claim to be subject, when 
closely examined, will be found to be based on solid 
precedent and on enactments which, in the main, 
antedate Oriental immigration. 

Citizenship, marriage, and land ownership apart, 
what remains of legal disabilities of Asiatic aliens on 
the Pacific Coast is not so inclusive as is sometimes 
supposed. Exclusion from public employment, from 
the privileges of hunting and fishing and carrying 
weapons, and some restrictions as to licenses — a de- 
nial of prerogatives that does not seriously interfere 
with the life and livelihood of most individuals — 
practically tell the whole story. These latter disabili- 
ties are not limited to Asiatic aliens : they extend to 
! all aliens equally. 

In America, the general tendency during the past 
century has been to liberalize laws respecting rights 
of aliens. This result has been brought about by 
"aiding" statutes which have been more numerous 
than "restricting" ones, thereby giving the alien a 
better status than he formerly had under common 
law alone. This improving condition has come to 
Asiatic aliens as well as to non-Asiatics, although not 
to the same extent. 

The citizenship status is entirely a federal matter. 
Intermarriage laws exist in California and Oregon. 
The alien land laws of the three Pacific Coast states 
constitute the chief legal limitation to Orientals, who 
are deprived of some of the rights accorded to immi- 
grants eligible for citizenship. It should be borne in 
mind, however, that the enactment of these laws was 
due, not to blind race prejudice, but to the strong 
desire on the part of the advocates to improve the 
rural community. The race problem which con- 






100 RESIDENT ORIENTALS 

fronted the Western states appeared to them over- 
whelmingly serious, and impelled them to pass laws 
which, to the outside world, seemed unnecessarily 
severe. 

The classification adopted as the basis for these 
laws was set up by federal statutes long before any 
Oriental problem appeared. Its application to per- 
sons ineligible to citizenship is not limited to Chinese 
or Japanese, but includes, according to the Supreme 
Court of the United States, native Hawaiians, Bur- 
mans, Canadian Indians, and Hindus. 

The alien land laws do not violate any provisions 
of existing treaties with Asiatic governments. An 
analysis of Coast legislation during recent years indi- 
cates this clearly, although undoubtedly the Pacific 
states framed laws which were directed at resident 
Orientals. It is to be noted that only one provision of 
the California Alien Land Law has been declared un- 
constitutional. That is the one relating to guardian- 
ship. In all other respects, whenever a case has raised 
a constitutional question as to any of its provisions, 
even in the Supreme Court of the United States, the 
law has been upheld. In fact, all the recent cases 
decided by the California courts against aliens have 
been upheld by the highest court. In one case, more- 
over, the Supreme Court of the United States was 
more strict in interpreting an agreement to work the 
land against the alien than the Federal District Court 
(N.D.) in California had been. 13 

Furthermore, the Washington Supreme Court has 
been overruled by the United States Supreme Court 
in only one recent important case, 14 which dealt with 
a license ordinance in Seattle. In no recent case has 
the California or Oregon Supreme Court been thus 

is O'Brien vs. Webb, 263 U.S. 313 (1923). 
14 Asakura vs. City of Seattle, 265 U.S. 332. 



RESUME 401 

overruled on a resident alien question discussed in 
this report. 

This evidence apparently proves that these state 
courts are as ready to protect the rights of aliens as 
is the Supreme Court of the United States. Aliens 
have been given every right to have their pleas heard, 
and most of the special provisions applicable to them 
have been tested in inferior and superior tribunals. 
The courts, state and federal alike, have been quick 
to discredit attorneys' arguments justifying discrimi- 
nation based on race, 15 color , language, personal 
privilege, or alleged inferiority. They have been and 
are above reproach in their handling of all alien 
problems arising from various laws and coming be- 
fore them for decision. There is no denying that 
Orientals have had many just causes for complaint, 
but the inference that there may be a prejudiced 
judiciary on the West Coast is not borne out by legal 
history. 16 

!5 In June, 1927, a district federal court on the Coast was 
censured by a higher tribunal because of its reference to the 
question of race — in this case, Italian. 

!6 A leading California lawyer, William Denman, who has 
also served as Chairman of the United States Shipping Board and 
President of the Emergency Fleet Corporation, remarked at an 
open meeting of the Commonwealth Club of California, San Fran- 
cisco, May, 19, 1927: "I have practiced for some twenty-seven 
years, very largely in the federal courts. We have had a very 
fine bench there. There have been no scandals. I do not think 
we have had any excess arbitrariness of mind or developing stiff- 
ness of mentality in any of the judges who have been there. Most 
of them have come from the state courts through the elective 
system, and that may have had something to do with it. 

"But this has not been the experience throughout the United 
States. There are districts where, I am told by those wise men 
in Washington, the journalistic group, who are probably the best 
informed on personalities in America, that there have oeen arbi- 
trary and, oppressive federal judges, and we have known of 
impeachments of federal judges, for just that oppression and 
arrogance that certain kinds of minds develop in the exercise of 
power that is nearly arbitrary, under what is practically a life 
tenure. I believe that the fact that the judge has, back in his 



102 RESIDENT ORIENTALS 

OCCUPATIONAL OPPORTUNITIES 

The problem of securing employment does not 
exist in the case of the first generation. The Chinese 
work in private homes, chop suey houses, stores 
selling Oriental goods, and in the establishments of 
Chinatown. The majority of the Japanese are work- 
ing on farms, 17 but many are in grocery and produce 
stores, restaurants, hotels and lodging houses, and in 
private homes. The Chinese are almost wholly in non- 
competitive lines. The Japanese have been leaving 
the land where their skill has been universally recog- 
nized by ranchers, to become more active in compe- 
titive city business. The majority of immigrants of 
both nationalities are past middle life. They com- 
mand an adequate remuneration, and are very sel- 
dom out of work. 

The second-generation Chinese seem to cling to 
Chinatown, where the opportunities are diminish- 
ing partly due to its dwindling area and fewer activi- 
ties. Relatively few of them are interested in business 
employment outside the racial colony, nor do they 
seem to care for agriculture. Their vocational status 
is less satisfactory than that of the second-generation 
Japanese, who are eager to secure any positions 
which appear to offer a promising future. The lat- 
ter's inclinations are away from agriculture, a not un- 
natural situation with young Americans, who show 



mind, the thought that, 'Now every so often I am going to be 
inspected, not by the litigants right in front of me, but by the 
community at large,' may bring an assurance of fair-mindedness 
and graciousness o? contact which the Calif ornian expects on 
the bench." — In "Judicial Elections" number, The Commonwealth, 
Part II, Vol. Ill, No. 24 (San Francisco, June 14, 1927). 

i7 One of the leading Coast Japanese, who has lived in San 
Francisco over forty years, told the writer in 1925 that the em- 
ployment question for the Japanese in California would solve 
itself, provided the anti-alien land acts were not rigidly enforced. 



RESUME 403 

an aversion to start in farming by working from the 
ground up. Their ambition turns out in their case 
to be in the nature of a drawback, since for perfectly 
natural reasons employers give a preference to their 
own race, and thus far, relatively few of the older 
generation have shifted from agriculture to conse- 
quential business positions. 

The vocational problem for the American-born 
of Oriental parentage is serious because of an as- 
sumption on the part of many employers, even when 
they are free from race prejudice themselves, that 
their employment of Oriental workers would be 
criticized by others. 

RELATIONS BETWEEN AMERICANS AND ORIENTALS 

The opportunities for close personal relations 
between white Americans and Orientals are few, 
though, considering the state of race feeling, there is 
surprisingly little objection to inter-racial contact in 
public and semi-public situations. 

On the part of the Americans and unnaturalized 
foreigners in the country, there is a distinct prejudice 
on the Pacific slope which is the accumulated result 
of local experiences with Indians and foreigners. It 
is futile to deny that an antipathy exists on the Coast, 
which is less marked, but not altogether absent, in 
other sections of continental America. But to com- 
pare the position of the American Chinese or Japa- 
nese with that of the American Negro is foolish. 
There is no doubt, moreover, that on the Pacific Coast 
there have been afforded more opportunities for con- 
tact between Asiatics and natives than would have 
occurred under similar circumstances in the aristo- 
cratic South, where neither Westerner nor Norther- 
ner can easilv break into societv. As the record of the 



404 RESIDENT ORIENTALS 

Western states unquestionably shows, dissimilarity 
inevitably provokes prejudice. 18 

THE CHANGING SITUATION 

On two most important features of the situation 
there is universal agreement; namely, that the 
nineteenth-century hostility toward the Chinese has 
given way to a tolerant, kindly feeling; furthermore, 
the prejudice against the Japanese, most marked 
from 1905 to 1925, has either practically disappeared 
or is quiescent. Doubtless the second alternative is 
more in accordance with the facts, but, in any case, 
the subject is hardly ever mentioned now. The Sur- 
vey of Race Relations made this one of their main 
findings in March, 1925; a reading of the Coast press 
and conversations with formerly outspoken individ- 
uals confirm this. The American Legion posts, the 
Native Sons, and the Labor Federations have not 
changed their well-known attitude regarding aliens. 
The California Joint Immigration Committee is still 
functioning. 19 On the other hand, there are the 
church groups, China societies, Japan societies, 
Chambers of Commerce, et cetera, which are exceed- 
ingly friendly to the Orientals. Striking a general 

is There must be the "recognition that races absolutely equal 
in character, intelligence, and culture may nevertheless be so far 
unlike that masses of voters, failing to discriminate between 
unlikeness and inequality, may surrender themselves to race 
prejudice; and that a government seeking to avoid so unfortunate 
an occurrence should not be presumed to be unwilling to treat 
all races equally." — Professor Franklin H. Giddings, in a reply to 
questionnaire, The Japanese Problem in California, Tasiika Harada 
(San Francisco), p. 36. 

19 It was announced on June 13, 1927, that "this Committee fol- 
lows an established, policy of assisting in securing for alien 
immigrants, ineligible for citizenship, every right and courtesy 
due them under treaty, or otherwise, while at the same time it 
insists on a rigid observance of national policy and law as to 
immigration." 






RESUME 405 

balance, on the further evidence too of letters from 
scores of people and organizations of widely differ- 
ent convictions, supplemented by personal interviews 
this spring with informed individuals in ten of the 
eleven Western states, the writer is convinced that 
there is a more friendly feeling generally toward 
both the Chinese and the Japanese than has been 
true toward either race in the recent past. 

This is further evidenced by the fact that there is 
a marked decrease in efforts to enforce the land laws. 
Many prominent citizens feel that any need for these 
laws is now past. 

Among the reasons which can be cited for this 
kindlier feeling toward the Orientals, are: the in- 
filtration of Mexicans and Filipinos in large numbers 
with whom the Chinese and Japanese are very 
favorably compared; the fairly recent action of the 
Japanese government relative to "picture brides," 
to domestic land laws, and to the right of expatria- 
tion; and the increased attention and interest in the 
export of Pacific Coast products, notably canned 
goods, dried fruit, rice, flour, and lumber, which find 
important markets in China and Japan. 

The rapid increases of the local Chinese population 
before 1882, and of the Japanese until recently, are 
not forgotten by the Pacific Coast states. Yet it is 
reasonable to expect that as soon as there is a general 
feeling of security against further Oriental immigra- 
tion, there will be certain modifications of existing 
laws, more in concord with international good will. 



GENERAL TABLES 



108 



RESIDENT ORIENTALS 



0) 

too 

a 

03 

xi 
O 

V 

a 

o 

03 

fcfl 

a 


o 

Eh 






(Nr- ( i— 1 t—i T-| tH t— 1 CO i— 1 i— 1 

MINI + + + + 1 1 1 1 1 ++ I | , 


32 
as 

a 

2 




05NlO^OiiOOi^ONlON(NOCO»OC^d5 
HHH(M(MCi(MCON(MCOt>NHCDHH 

i + + + + + + + + + + + + + + + + + + 


CO 

o> 

a 
So 
« 

[3 


03 

.2 


GllOOOljOHGiCOiO HCOXIOCCXNCOOJOW 

•s •» c» ^ *n #t ^ #\ #i «\ 

•<M TH 1— 1 T— 1 i— iC^C^i— li— li— 1 

1 1 II 1 1 ++ 1 + i 1 1 II ++ 1 1 


"as 
O 


o 
o 


03 

O 


XNWtMCiCO(MHCOH!MQ(NH(N^II>(N05 
OiCfJOOCOOOHHO HIOOJOIOOH^HOO 
XCOCONCKrOHOtNOOCOHH^CONX^Q 


cococ^cM<M(M(MCsioqT— ic^(mco)lo<x>cococo<m 


a 




00(M05CO^OOOJCO(MOW^WOi«50CO(NO 
WN^OOONNCDQO^LOOi^GOOO^ooO 
rH i— 1 HHHH(M(NH(N(MH 


0) 

'o3 






OlO'H COlO)OCOCOH.H©COt>(M(^lO^O(35 
®(MCONO(MW^HHO^QOI>COOHO 

NWW^iccqoaiH mnOOpNoiocoimx 


COCO(M(N(N(N(MH(NHCMCl(MiOCDWCOCO(N 


s 
o 

'-5 

03 

(-> 

a 

a 
i— i 


p— 1 
S3 

o 




NCOOOOWlO(MOONlO'HOOi^C£>05iNH 


HNHN 


*HH <N 1— 1 


HHHHH(M(M(M(M(NHHH^ ^ 'H W H H 


a 


(M (NCO (N 

t— 1 "^H LO Tf 


r-i lO O O- 

i—l Tt* "\f Ci 
1— < 1— 1 1—1 


COOCiNOW^CUNNHOOWHOiOCON^ 
CONHCONNO:»OlOONONNlOHOi(NN 
HHC<IC<IC<lCOCOOOCO^^i^iOdiOCOOOCOCO 

0\ 0S •% 

1—1 1—1 1—1 


KJNCDN 

CO i—l 05 CO 

(N^IOH 


GO ■ i— 1 TF Tt< 
G5(MOCD 

rtOTfOO 


HHCOOCOWlMOOHHWO^CDNXiXiHqiON 
CON"<*(MOiCO©OOCON^lOCOlOI>OiHI> 
(MNNW^NHWHOOOO^NOCOCOdCDW. 


i— 1 <M i—l C^ 


Ttn CM i— 1 


HHHHHH(M(NMHHHHO:OOMIOHH 


Years 










* * . o» 


:::::::: :.:::::.:::::::::. . v 




. © 


O rH CM CO 

o o o o 

OS O. OS Oi 


O O O O 
Oi OS Ci Oi 


0005 0THNW^<if50l>OOOiO^HCM«^»fl'«o3 
OOrHrHrHrHrHrHrHTHiHHMCMCMMCMNW 
OS Oi OS Ov OS OS Oi Os Oi OS> OS OS OS OS OS OS 05 OS OS 









GENERAL TABLES 



409 



bo 

a 

c3 

Q 


i— t 

03 

o 
EH 




ocoN^o^ooocooHooicocooCcicoa:^ 

O HH^NOONNOOOONIOCOINC^CO 

+ 1 1 ++++++++++++++ | | 


OO 
lO 

8 
+ 


p— « 

08 

a 


• 


©KNHHCOIM^COHHOOiOiO^CHNNCO 
OCSiai(NOOOai(N^^(NNNScOTH^HN 
TfHOilOCDOi^OLOOOOlO^iOfOtM t— 1 

CO rH C^CO^lO'^Ttl^til-OlOTf'COG^lC^rti 
+++++++++++++++++ | | 


+63,178 


l-H 

3 


al figures 
nable 


NO^JOOCDNKSOOHOiO^COCOOiNQO 

oas^coaiiociococficDN© ^ «co ^ w 

NH(>q H (MIMCOCO WM(M C<1 

+ 1 ! 1 ++++++++++ 1 ++ I | 


o 
oo 

CO 

CD 
CO 

+ 


a 
o 

+3 
08 
(-< 
CUD 

a 


o 


No offici 
obtai 


^5 t> t! l0lH(:DOC, o ( w^ < 3i^ooociJO(Noo 

iM05N^OOCOlO'<*N1000di'^NCDCOLOHO 
COQOCOOO^I>t>OONNlOH(NCOCOOOH(N(N 




oj 

1— < 
08 

a 




noohoj^coooiowinojgohthoonio 

NCOOiOCOHHH.HHCO^OHiNQO^ WOO 

#S «\ #s 

i-H t— 1 i — t 


CD 

o 


1— 1 
03 

* 




CD CD CD lit> t— IQOCOTflONr-lOr- 1 Tfl ^ Oi *C *0 CO 

QOCiNC^rtHOGOOOHOirHTtiNOOOiiOlOCOCO 
iOH^NHU010ilDOlO(NNH.CQOOlOOOOO 

^f 1 CO CO (M tH H h W W W(M H 


CM 

CO 

CO 


a 

o 

+3 

08 
Pi 

CUD 

a 

a 

1— 1 


i— i 
03 

O 


«5 (M W Oi (M W OO (N 


'WHOO^HQW'QHW^CQOOtOQSHW^ 
OHCi(NHOOlNHOOaiH(£)OONHOO(MlO 
OOHNlOH(NC5C£lCDOi(MO'^QOI>OOOON^) 


CM 

s 

CD 
CO 
H 


CQ W Tf Ci ^ O CO o 
i—l rH rH i—l i-H t-H CO 


10CO(N^^>OOOOQOOOOOOOdiNOlOOO 
t— 1 i— 1 rH 


^os 

a 


ONCOOSHCOHCO 
N^HOIOiOtNOSOO 
COCOOOO^KMTHOi 


WO(MONIO^(35^^(MOOI>HOOOWO(M 
^NOilOQlOCONOiQC5(NWOiO(MlOWO 
HOOOOHOHOOOONWlOCD^OOHOOWtM 


o 

CO 


CO"* HHH(M 


^HHCO^lOJO^TH^lOlOlOrfiCOCO^ 


i—i 
03 


©OHOr- 1 O "^ '"f 


CHOOONOiO^^NHCOlONOOQ(5:W(N 
•-TOi(MNOCAlCOCOOOOi(MCOt>Ni000^05lO 
C!MOOCOHH(MNQH00 1-OI>(MOOCD05W^ 


CM 

tH 
CO 

CM 

CD 


(N ^" O JO (N Ci (^ N 

1— 1 " TH 1—1 l—t 1-4 C<i 


i— I H H(MCOCOCOCO , *'*^COCOlM<^CO 
t— 1 


Years 




. 


Totals . . 


















OtHCMCO^lOCOI^ 

oooooooo 

05 Oi Oi OJ OS Oi OV Oi 
tHtHtHt-Hy"Ht-<t— li-H 


XC5OHC1C0"ti0C»t>C)0a5OrtNC0'*i02^ 
OOT-HHrHT-HHrKr-IHrHr-lCXICNlCXlC^MCVJ^o; 

t-(tHtHtHt— (T-HrHrHrHi— ( rt n rl H rH rH r (t-I t ™ ! 






110 



RESIDENT ORIENTALS 






CO 

W 
< 



o 






H 






Q 






W 






H 






H 






i— i 






£ 






PC 


O 




w 


Z 




Ch 


pc 




PC 


13 




a 






£ 






o 
H 


o 




£ 


fc 


* 


•\ 


o 


LO 


1— 1 


1— ( 


CM 




w 


os 


Cm 


y-i 


£ 


O 




<* b 


Q 


ffi 


w 


£ 
<< 






rH 
CM 




>< 

PC 


OS 


U 




IH 


M 


(^ 


o 


PC 


w 






pc 


O 
O 

M 


<i 


£ 


PC 




P 


w 


w 


O 


H« 


H 

PC 

o 






£ 


O 


H 


o 


w 




HH 




V2 


o 




H 


H 






w 




1— 1 


u 




g 


o 

01 




W 


Oh 




H 






w 






W 






£ 






^ 






Ch 






3 






*-s 









7:3 ~ 




rh OS 


CO UO CO cs 


CO o 




p « 




CO oo 


<x> oo o c^ 


t^ CO 




S o 




O CM 


tH Tf rH OS 


r— ( 






•-. 


** 


#\ 






o^ 




rH 


CM 


rH 








03 


CM O0 


t^ l>- O rH 


rH CM 






93 


^ OO 1^ CM 


H CO 






a 


zo 


O -r-i CO CO 








<X3 


9\ 


*s 








15 


ft 


1-4 


r-( 








o 
























H 


43 


>-0 CM 


CO 0O CO oo 


CM CO 








CO CO- 


rH OS CO IlO 


CO CM 






03 


rn CM 


rH CM !>• CO 


rH 






8 


CM 










aining 
More 
Year 


© 


CO rH 


CM CO C— CO 


. • rH , 




03 


^H CM 


CO ^H CO IO 


• 




a 

03 


CM 


CM 




• 


CO 

i P 


Sag 
P3 ft° 


pH 




| 






03 


iO rH 


r>» os co io 


CM rH 


oj 


t_i? P 


i— < 


o i>- 


CM CO O0 rH 




a 


03 ^ 03 


03 


t^- 


CO 


rH t—\ 




^^ «^H Z-u 

< e 


% 










! 1 














P oo c3 
*3 02 di 


03 


OS CO 


oo tjh oo th 


CM rH 


03 


lO) CO 


W3^ !>•!>• 




; P 

'3 


1^ 


a 

0) 


CM 


CM i-i 




C 

P 


er Rem 
Japan 
an One 


rH 










03 


CM OO 


io a 


) OS t>- 


CO CO 


l-H 


iH CM 


OS IC 


5 iO CO 


rH 




03 


lO tH 


^ Cn 


1 CO CO 






■p t3,C3 


^ 


«i 










<5 ^ 




tH 












03 

I— 1 


t>- • 


t>. 


IO rH 


CM O 




hfi ^x 


03 


JLO • 


CM 


(M OS 


i—{ CO 




•rr 03 S 


1 


i-H • 


IO 


CM ^ 






+3 rH "-i 


fn 


rH 










&0 *"■ -*- 3 














«og 


03 

l-H 


0O • 


^ r- 


4 i—i CO 


rH rH 




a*"-- 


rH • 


OS 


OS i>. 


lO rH 




03 


CM • 


CM 


T—{ r-i 


t— 1 








• • 








• 












<M CM 




















OS OS 


. 






• 








p 




rH tH 








• 








o 

63 




^-^/— ' 


-<!* IC 


) TJ* *T5 


^, to 






05 


CM CM 


1 CM CM 


<M CM 




P 




OS o: 


> OS OS 


OS OS 




w 




P-M <4-» 


rH r- 


1 tH rH 


rH th 




02 

c 
Q 




as as 


v — \^» 




v-^-— ' 






fl VI 














a? 

•pH 0) 


• l-H 

as 


X5 


O 

o 










^ 


as 

C 


• I— * 








o fi 


as 


as 


o 








O^ 




u 


1 


^ 


1 


s 






C 
^4 



SQ 

i- 

p" 

5b 
c 



Q 



GENERAL TAl LES 



411 



TABLE 4 

Chinese and Japanese Population by Divisions and 

States, 1900, 1910, and 1920 

(U.S. Census, 1920) 



United States 

Geographical 

Divisions 



New England States 

Maine 

New Hampshire . 

Vermont 

Massachusetts . . 
Connecticut 
Rhode Island. . . 

Middle Atlantic 
States 

New York 

Pennsylvania . . 
New Jersey .... 

South Atlantic 
States 
West Virginia . . 

Maryland 

Delaware 

Virginia 

North Carolina . . 
South Carolina . . 

Georgia 

Florida 

East North Central 
States 

Wisconsin 

Michigan 

Illinois 

Indiana 

Ohio 

East South Central 
States 

Kentucky 

Tennessee 

Mississippi 

Alabama 



Chinese 



1900' 



119 
112 
39 
2,968 
599 
366 



7,170 
1,927 
1,393 



544 
51 

243 
51 
67 

204 

120 



212 
240 



371 



57 
75 

237 

58 



1910 



108 

67 

8 

2,582 

462 

272 



5,266 
1,784 
1,139 



90 
378 

30 
154 

80 

57 
233 
191 



226 
241 



1,503 I 2,103 

207 ! 276 



569 



52 
43 

257 
62 



1920 



161 

95 

11 

2,544 

566 

225 



5,793 
1,829 
1,190 



98 
371 

43 
278 

88 

93 
211 
181 



251 
792 

2,776 
283 
941 



62 

57 

364 

59 



Japanese 



1900 



354 
40 
52 



5 
9 

80 
5 

27 




4 

3 



1910 



4 


13 


1 


1 





3 


53 


151 


18 


71 


13 


33 



1,247 
190 

206 






3 


9 


24 


1 


4 


10 


14 





2 


o 


8 


1 


4 


1 


50 



34 
49 

285 
38 
76 



12 
8 
2 
4 



1920 



7 

8 

4 

191 

102 

35 



2,686 
255 
325 



10 
29 

8 
56 
24 
15 

9 
106 



60 
184 
472 

81 
130 



9 

8 


18 



112 



RESIDENT ORIENTALS 






TABLE 4— Continued 



United States 
Geographical 

Divisions 


Chinese 


Japanese 


1900 | 


1910' 


1920 


1900 


1910 


1920 


West North Central 












States 














North Dakota. . . 


32 


39 


124 


148 


59 


72 


Minnesota 


166 


275 


508 


51 


67 


85 


South Dakota. . . 


165 


121 


142 


1 


42 


38 


Nebraska 


180 


112 


189 


3 


590 


804 


Iowa 


104 
39 


97 
16 


235 

68 


7 
4 


36 
107 


29 


Kansas 


52 


Missouri 


449 


535 


412 


9 


99 


135 


West South Central 














States 


- 












Oklahoma 


58 


139 


261 





48 


67 




62 


62 


113 





9 


5 


Texas 


836 
599 


595 

507 


773 

387 


13 
17 


340 
31 


449 


Louisiana 


57 


Mountain States 
















1,739 


1,285 


872 


2,441 


1,585 


1,074 


Idaho 


1,467 
461 


859 
246 


585 
252 


1,291 
393 


1,363 
1,596 


1,539 




1,194 


Nevada 


1,352 


927 


689 


228 


864 


754 


Utah 


572 
599 


371 
373 


342 
291 


417 

48 


2,110 
2,300 


2,936 


Colorado 


2,464 




1,419 


1,305 


1,137 


281 


371 


550 


New Mexico . . . 


341 


248 


171 


8 


258 


251 


Pacific States 














Washington .... 


3,629 


2,709 


2,363 


5,617 


12,929 


17,387 


Oregon (/ 


10,397 


7,363 


3,090 


2,501 


3,418 


4,151 


California 


45,753 


36,248 


28,812 


10,151 


41,356 


71,952 


District of Colum- 












bia 


455 


369 


461 


7 


47 


103 






Totals 


89,863 


71,531 


61,639 


24,326 


72,157 


111,010 



GENERAL TABLES 



413 



TABLE 5 

Chinese and Japanese Population in California for 
Counties and for Cities of 25,000 or More 

(U.S. Census, 1920) 





■ 


Chinese 




Japanese 


counties 


1900 


1910 


19*20 


1900 | 


1910 


1920 




2,211 

5 

153 

712 

148 

274 

627 



206 

1,775 

227 

5 



67 

906 

417 

82 

28 

3,209 

229 

489 

102 

218 

357 

6 

120 

857 

541 

632 

136 

1,050 

192 

316 

3,254 

69 

388 

414 

13,954 

1,875 

144 


4,588 
1 
101 
572 
49 
218 
550 

58 

1,377 

129 

6 

32 
100 
841 
358 

24 

13 

2,602 

211 

555 

69 
263 
278 

11 

21 
575 
205 
309 

83 

612 

105 

187 

2,143 

66 

284 

430 

10,582 

1,968 

165 


4,505 



38 

289 

23 

167 

343 



21 

998 

130 

15 

88 

43 

557 

451 

6 

71 

2,591 

73 

252 

18 

176 

135 

9 

5 

748 

126 

120 

26 

419 

75 

103 

1,954 

104 

107 

307 

7,744 

1,819 

77 


1 , 149 





365! 

4l 

53 

276 



30 

598 

14 







48 

156 

3 

2 

204 

19 

52 



23 

43 



1 

710 

6 

15 

3 

133 



97 

I 1,209 

15 

148 

25 

1,781 

313 

i 16 


3,266 

1 

2 

295 

3 

140 

1,009 



31 

2,233 

33 

6 

217 

41 

273 

293 

3 

6 

8,461 

32 

199 

3 

77 

98 

1 

14 

1,121 

103 

22 

641 

862 

20 

765 

3,874 

286 

946 

520 

i 4,518 

1,804 

434 


5,221 


Aloine 





\niador 


17 


Butte 


423 





275 


Contra Costa 

Eldorado 


846 


47 
5,732 


Glenn 


122 


IniDerial 



1,986 


Invo 


82 


Kern 


338 


Kings 


594 


Lake 





Lassen 


9 


Los Angeles 

Madera 


19,911 
136 


Marin 


140 


Mendocino 

Merced 




56 
420 


Mono 




2 


Napa 


1,614 
79 


Nevada 


16 


Orange 


1,491 


Placer 


1,474 


Plumas 


22 


San Bernardino . . . 
San Francisco. . . . 
San- Luis Obispo . . 


626 
5,800 

427 

533 
1,431 
5,358 
4,354 

501 



Ill 



RESIDENT ORIENTALS 



TARLE 5— Continued 



Counties 



Chinese 



San Mateo 

Santa Barbara. . . 

Santa Clara 

Santa Cruz 

Shasta 

Sierra 

Siskiyou 

Solano 

Sonoma 

Stanislaus 

Sutter 

Tehama 

Trinity 

Tulare 

Tuolumne 

Ventura 

Yolo 

Yuba 



Total for state*. 



1900 



306 
459 
1,738 
614 
102 
309 
790 
903 
599 
236 
226 
729 
336 
370 
158 
408 
346 
719 



45,753 



1910 



309 

440 

1,064 

194 

88 
117 
226 
811 
287 
161 

79 
309 
163 
257 

75 
235 
198 
493 



36,248 



1920 



342 

341 

839 

215 

25 

33 

126 

669 

183 

87 

42 

161 

51 

231 

45 

155 

175 

359 



28,812 



Japanese 



1900 



46 

114 

284 

235 

20 

1 

8 

870 

148 

.5 

155 

143 

1 

48 

2 

94 
410 



1910 



10,151 



863 

2,299 

689 

42 

17 

24 

894 

554 

113 

134 

98 



615 

6 

872 

789 

336 



41,356 



1920 



663 

930 

2,981 

1,019 

3 

3 

14 

1,017 

506 

478 

373 

95 



1,602 

3 

675 

1,152 

355 



71,952 



* Entire state population 1,485,053 2,377,549 3,426,861 





Chinese 




Japanese 




Cities 










1900 


1910 


1920 


1900 


1910 


1920 


Alameda 


255 
154 


217 
451 


94 
337 


110 
17 


499 
710 


644 


Berkeley 


911 


Fresno 


f 
1,104 


26 
975 


34 
617 


t 
175 


127 
629 


375 


Long Beach 


1,119 


Los Angeles 


2,111 


1,954 


2,062 


150 


4,238 


11,618 


Oakland 


950 


3,609 


3,821 


194 


1,520 


2,709 


Pasadena 


101 


102 


100 


17 


253 


383 


Sacramento 


1,065 


1,054 


831 


336 


1,437 


1,976 


San Diego 


292 


348 


254 


14 


159 


772 


San Francisco .... 


13,954 


10,582 


7,744 


1,781 


4,518 


5,358 


San Jose 


553 


359 


341 


44 


345 


321 


Stockton 


593 


698 


1,071 


39 


475 


840 


Totals 


21,132 


20,375 


17,306 


2,877 


14,910 


27,026 



t Figures not available 






GENERAL TABLES 



415 



TABLE 6 

Chinese and Japanese Population in Washington for 
Counties and Cities of 25,000 or more 

(U.S. Census, 1920) 



Counties 




Chinese 






Japanese 




1900 


1910 


1920 


1900 


1910 


1920 


Adam 


2 
2 


7 



4 



24 




13 
1 


36 


Asotin 


5 


Benton 





11 


4 





36 


37 




1 





5 


47 


183 


123 


Clallam 


16 


18 


19' 





6 


62 


Clarke 


51 


88 


72 


1, 


69 


44 


Columbia 


45 


13 


2 


33 


7 


2 


Cowlitz 


2 


1 








2 







2 








62 


10 


12 


Ferrv 











8 








Franklin 


25 


113 


103 


7 


70 


60 


Garfield 


12 


4 








10 


5 


Grant 



24 


2 
59 




28 



20 


_ 4 
79 


10 


Grays Harbor . . 


loo 


Island 


53 


25 


8 





7 


10 




223 


102 


70 


28 


86 


49 


King 


459 

38 


934 

. 41 


1,360 
56 


3,212 
226 


7,497 
220 


10,954 


Kitsap 


482 


Kittitas 


26 


50 


18 


4 


64 


26 


Klickitat 


5 


4 


2 


2 


98 


86 


Lewis 



22 



6 


1 
1 


3 

75 


366 
15 


301 




20 




32 


14 


10 


3 


33 


76 


Okanogan 


1 





1 


3 


1 


12 


Pacific 


81 


59 


11 





119 


87 


Pend Oreille . . . 








1 











Pierce 


265 


. 28 


66 


627 


1,940 


2,652 


San Juan 


53 








39 


47 


12 


Skagit 


193 


91 


31 


49 


200 


180 




2 


5 


2 





10 


6 


Snohomish .... 


8 


6 


2 


255 


312 


322 


Spokane 


342 


263 


147 


418 


428 


360 




28 


8 


4 


10 


10 


3 


Thurston 


58 


78 


53 


8 


285 


305 


Wahkiakum . . . 


138 


72 


i 3 


1 


60 


2 



IK) 



RESIDENT ORIENTALS 



TABLE 6— Continued 



Counties 


Chinese 


Japanese 


1900 


1910 


1920 


1900' 


1910 


1920 


Walla Walla . . . 


417 


403 


197 


73 


83 


21 


Whatcom 


839 


99' 


6 


213 


231 


75 




88 


20 


12 


102 


70 


24 




76 


85 


64 


64 


257 


771 


Total for state*. 


3,629 


2,709 


2,363 


5,617 


12,929 


17,387 



Entire state population 518,103 1,141,990 1,356,621 



Cities 


Chinese 


Japanese 


1900 


1910 


1920 


1900 


1910 


1920 


Bellingham .... 
Seattle 




1 

438 
318 
252 


65 

6 

924 

239 

23 


6 

1 

1,351 

139 

59 




20 

2,990 

•51 

606 


175 

61 

6,127 

352 
1,018 


63 
84 

7,874 
168 

1,306 


Totals 


1,009 


1,257 


1,556 


3,667 


7,733 


9,495 



TABLE 7 

Chinese and Japanese Population in Oregon for Counties 
and for Cities of 25,000 or More 

(U.S. Census, 1920) 



Counties 


Chinese 


Japanese 


1900 


1910 


1920 


1900' 


1910 


1920 


Baker . 


418 
26 
66 

614 
10 
50 
13 
27 


90 

10 

84 

404 

6 

60 
7 
2 


72 

16 

55 

306 

10 

39 






205 
6 
8 
38 
24 
1 




164 

11 

78 

176 

26 

24 






101 


Clackamas 

Coos 


16 
169 
437 

85 

8 


Crook 

Currv . 












GENERAL TABLES 



417 



TABLE 7— Continued 



Counties 



Desnutes 

Douglas 

Gilliam 

Grant 

Harney 

Hood River . . . 

Jackson 

Jefferson 

Josephine 

Klamath 

Lake , 

Lane , 

Lincoln 

Linn 

Malheur 

Marion 

Morrow 

Multnomah 

Polk 

Sherman 

Tillamook 

Umatilla 

Union 

Wallowa 

Wasco 

Washington . . . 

Wheeler 

Yamhill 

Total for state*. 



Chinese 



1900 





26 

17 

114 

32 



43 



31 

1 

12 

8 

4 

51 

86 

235 

13 

8,012 

24 

15 



155 

104 

1 

138 

36 

7 

12 



10,397 



1910 




29 

2 
37 

7 

6 
84 


11 
13 

9 
12 

3 

19 

37 

288 

6 

5,787 

29 

2 



102 

65 

2 
93 
46 


11 



7,363 



1920 




69 

1 
22 
11 
60 
30 

1 

8 

6 

13 
12 

2 

18 

34 

155 

9 
888 

9 
12 

7 

75 
46 

9 
73 
16 



6 



3,090 



Japanese 



1900 





40 
38 






19 

1 



81 

10 

68 

5 

89 

8 

1,327 

1 

16 



92 

197 



221 





6 



2,501 



1910 




52 

7 
33 



468 

29 







7 
52 



23 
79 
39 



1,767 

113 


12 
32 
105 
11 
69 
28 


13 



3,418 



1920 



11 



1 

50 



351 

58 

5 
13 

9 
15 
23 



60 

25 

109 



2,262 

49 





44 
75 



70 
96 



9 



4,151 



Entire state population 413,536 672,765 783,389 



Cities 


Chinese 


Japanese 


1900 


1910 


1920 


1900 


1910 


1920 


Portland 


7,841 


5,699 


1,846 


1,189 


1,461 


1,715 



418 



RESIDENT ORIENTALS 



TABLE 8 
Chinese Economic Activities in Oregon, 1924* 



Counties 



Baker _ 

Benton 

Clackamas 

Clatsop 

Columbia 

Coos 

Crook 

Curry 

Deschutes 

Douglas 

Gilliam 

Grant 

Harney 

Hood Raver 

Jackson 

Jefferson 

Josephine 

Klamath 

Lake 

Lane 

Lincoln 

Linn 

Malheur 

Marion 

Morrow 

Multnomah 

Polk 

Sherman 

Tillamook 

Umatilla 

Union 

Wallowa -L 

Wasco 

Washington 

Wheeler 

Yamhill 



Total. 



Total Number 
of Chinese 


Number of Males 


37 
11 

8 
191 

"~55 

"i 

6 

"~9 

12 

7 

14 

"~17 

"~28 
9 

99 

9 

1,636 

11 

"37 

41 

1 

51 

15 

"~3 


23 

7 

8 

153 

, "ii 

"l 

6 

"9 

8 

7 

11 

"l7 

"21 

9 

80 

7 

1,175 

11 

"51 

34 

1 

33! 
15 

3 


2,308 


1,707 



co 



a 



5 
1 

14 

"i 



02 

<V 
1— 1 

P, 
P 

iH © 

OO 
<&& 

p * 

125 a 



5 
1 

ii 

"~4 



___ 


___ 


"2 


2 


8 

1 

183 


8 

1 

183 


"l 

3 


"l 

3 


~7 


"7 


231 


231 



<u 



C 

So 

o3 

552 

O P 

a> CO 

55 o 



18 

3 

8 

139 

"So 



1 

6 

9 

7 

7 

10 



17 

19 
9 



72 

"992 
11 



33 

31 

1 

26 
15 



1,467 



Children under 
16 Years of Age 



H 
<V 

a 
p 

-H 
O 



i rt 
I o 

itt 

M 

a 

p 



9 
3 

24 
"l7 



11 
1 

278: 



11 



370 



P 

H 

o 

« 

M 

<D 
£> 

a 
p 



3 

18 



27 



Number 
Engaged In 



03 

*H CO 



o3 
H 

S CO 



§2 
as 

O P ... _ 



48 
8 



1 
"l9 

"l 

"3 



33 



2 

4 
275 



11 

6 



374 



p-p 

•S CO 
H H 

bflp 



cs 

•-H CO 

co £3 
p co 

m 

mPh 



35 



* Data furnished by the Chinese Six Companies, published in Twelfth 
Biennial Report of the State Bureau of Labor, 1925-26, p. 44. 



GENERAL TABLES 
TABLE 8— Continued 



419 



Counties 



Baker 

Benton 

Clackamas. _ 

Clatsop 

Columbia 

Coos 

Crook 

Curry 

Deschutes 

Douglas 

Gilliam 

Grant 

Harney 

Hood River- 
Jackson 

Jefferson 

Josephine 

Klamath 

Lake 

Lane 

Lincoln 

Linn 

Malheur. , 

Marion 

Morrow 

Multnomah. . 

Polk 

Sherman 

Tillamook- 
Umatilla 

Union 



Wallowa 

Wasco 

Washington. 

Wheeler 

Yamhill 

Total--. 



Number of 

Males 

Working for 

Wages In 



a 
'S 



a 
a? 



3 

3 

250 



eg 

: P 

Lg-o 



270 



61 
11 



10 



121 



-p 



15 
6 

102 

26 



11 

"lO 

~~8 
634 



11 

14 
1 

26 
5 



907 



Number of 

Females 

Working for 

Wages In 



03 


03 


•M 


*H 


ere 


53 

■4-i 

^-1 


■a? 


3 


.y'o 


f-i T! 


o.£ 


60,2 


Ofe 


•<^ ! 



14 




Average 
Daily Wage 



w 
"o3 



$3.00 

a. 00 
3.00 
3.00 

3.00 



3.00 

2.50 

i"oo 

3.00 
3.00 
4.00 



3.00 
3.00 

i'oo 

iloo 
3.00 

2.50 
2.50 



3.00 
3.00 
3.00 
2.50 
2.50 

3~00 



go 

I—* 

03 

s 



$__- 



$2,94 



2.0O 



2.00 



Average 
Yearly 
Income 



CO 

'03 



$ 



$2.00 



900 

900 

1,000 

1,000 

1,000 



1,000 
900 

1,000 
1,100 
1,000 
1,440 



1,000 
1,000 

i~ooo 

1~080 

1,000 

900 

900 

l~O0O 

1,000 

1,100 

900 

900 

1~,000 

$1,000 



Average 

Per Cent 

Spent 

For 




700 



700 



700 



85 



85 
85 
90 
85 
85 

90 

84 



15 



100 


___ 


85 


15 


"85 


"l5 


85 


15 


85 


15 


85. 


15 


"75 


~25 


"85 


"l5 


~85 


"l5 


"70 


_ 30 


~85 


15 


85 


15 



15 
15 
10 
15 
15 




120 



RESIDENT ORIENTALS 



TARLE 9 
Japanese Economic Activities in Oregon, 1924* 





Total Number 
of Japanese 


02 

r—l 

03 

3 

O 

u 

a 

P 


OS 

cu 
03 

1 

O 

h 

a> 

a 
p 


w 

■a 

p 

oO 

IE 

ii 

16 
2 
37 
34 
25 

"i 

"~6 

"90 
18 

2 

"i 

"58 

597 
12 

~~6 

7 

21 
17 

~"i 

955 


Number of Single 
over 16 Years of Age 


Children under 
16 Years of Age 


Number 
Engaged In 


Counties 


a 
g 

F— 1 

03 
O 

En 


P 

O 

w 

H 

<U 
,Q 

is 

2 
1 

6 
6 
1 

~"l 
... 

"ie 
1 
1 

"7 
"97 

5 

1 

5 
1 

162 


P 

O 

m 

u 

h 

£5 M 

4 
1 

8 
2 
2 

"i 

"2 

"ii 
1 
1 

"ii 

"88 
3 

1 

3 
1 

161 


1—4 

03 
"3 

o£ 

13 

"4 
5 

"5 

290 

1 

3 

4 

325 


03 

SB 

•ii en 


■ofc 




112 
23 

280 
218 
242 

"ii 

"56 

~448 
71 
10 

5 

266 

3~i43 

73 

6 

~~37 
52 

94 
66 

~~io 


75 

12 
120 
127 

187 

"5 

"36 

"iii 

27 
4 

"I 

"79 

1,387 

21 

6 

6 
35 

33 
23 

"i 


16 
2 
40 
34 
25 

i 

"~6 

92 

18 
2 

"i 

60 

624 

12 

~~7 
7 

21 

18 

"i 

990 


59 

9 

86 

93 

171 

"~i 

""io 

"33 
9 
2 

"i 

"ii 

"790 
9 

6 
.__ 

28 

12 

7 

""i 


21 

9 

120 

57 

30 

'__ 

"ii 
"iii 

26 

4 

~127 

1~132 

40 

"ii 
10 

40 
25 

"I 


~45 

"72 
4 

"37 

i58 
3 

9 

18 

~~3 

349 








Clackamas 




OlatsoD - - 




Columbia 




Coos 

Crook 

Curry 

Deschutes 

Douglas 

Gilliam 

Grant 





Harney 

Hood River 





Jackson 

Jefferson — — — 





Josephine ; 

Klamath 





Lake , 

Lane 

Lincoln 

Linn 

Malheur 

Marion . 





Morrow 

Multnomah 


" 2 


Polk 




Sherman 




Tillamook 

Umatilla 


— 


Union 




Wallowa- 

Wasco 

Washington- _ 

Wheeler 

Yamhill __ ___ __ 


— 






Total 


5,223 


2,313 


1,374 


1,920 


2 













* Data furnished by the Oregon Japanese Association, published in 
Twelfth Biennial Report of the State Bureau of Labor, 1925-26, p. 41. 



GENERAL TABLES 



421 



TABLE 9— Continued 





Number of 

Males 

Working for 

Wages In 


Number of 

Females 
Working for 
• Wages In 


Average 
Daily Wage 


Average 
Yearly 
Income 


Average 

Per Cent 

Spent 

For 


Counties 


>** 

03 

'5 

PS 

8 
5 


03 

! P 

P 

"75 


+i 

pS 

Ik 

54 
12 

122 

187 


03 

e 

0.2s 

2 
"5 


P 
.H13 


. flS 

"9 


03 


02 

g 


CO 


CO 

a> 

I— < 

03 

a 
ft 


O 02 

1° 

O u 

85 
85 
85 
85 
85 


to? 

O frH 


Baker 


$4.00 
4.00 
3.60 
4.15 
3.75 


$3.00 
3?00 


$1,200 

1,200 
1,000 
1,200 
1,000 


$ 600 
"506 


15 


Benton 

Clackamas 

Clatsop 


15 
15 
15 


Columbia 

Coos 


15 


Crook 

Curry 

Deschutes 

Douglas 

Gilliam 

Grant 


m . rr _ 


•.— — 


"i 


— — — 


«.«»«■ 


— 


i~oo 


— — — 


1~200 





86 


"l5 


— 


— 


~36 


— 


— 


— 


4T06 





1~200 





"80 


~20 


Harney 

Hood River 

Jackson 


— 


80 
9 


"l7 
9 
4 


— 


2 


4 


2.80 
4,50 
4.00 


2.50 
3.50 


1,000 
1,200 
1,000 


"506 
650 


"75 
75 
75 


~25 
25 
25 


Jefferson 


J osephine 

Klamath 

Lake 


— 


— 


" 4 


-r- 


— 


* 1 


3J50 


3.00 


1~000 


500 


"so 


"20 


Lane 

Lincoln.— 

Linn 


— 


— 


— 


— 


— 


— 










, 


— 


— 


Malheur 


— 


31 

450 
15 

"i 

11 

5 

627 


4 

277 
"~6 

~~5 

27 

"~5 

774 


"7 
"i 

15 


14 
5 

"9 
30 


"4 

18 


3*50 

4.00 
4.00 
4.00 

4?00 
4.00 

5T75 
3.60 


3.00 
3.50 

3T60 
3.00 


"9OO 

1~200 
1,000 
1,200 

1*200 
1,200 

l'ooo 

1,000 


~450 
"750 

"506 
"500 


"io 

~80 
80 
80 

~80 
80 

~80 
75 

"70 

80 


20 


Morrow 

Multnomah 

Polk.. 


210 
2 

5 

"I 

234 


"26 

20 


Sherman 

Tillamook 

Union 

Wallowa 

Wasco 


20 

"26 
20 



20 


Washington 

Wheeler 

Yamhill 


25 
~30 


Total 


$3.85 


$3.05 


$1,100 


$ 550 


20 



122 



RESIDENT ORIENTALS 



m 

PQ 

< 



w 




C/3 




W 




£ 




i— i 




« 




a 


_^ 




CI 


PC 


CN 


O 


Ci 


fe 


rt 


55 




o 


*5 


n 


Ci 


H 


0) 


P 


O 


« 


. 


i— i 


</: 


— 


• 



Xfl 



<1 







•^ CO 
CM csi 


H N "HH O (M »C 


CO C— 


CO 






03 


O OO (M H Q (M 


C- t^ 


CD 




4-J 


T— 1 * 


i—l i—l GO CD 


OO OO 


CO 




o 




w\ 


•- 


••• 




H 




i—l 


1— I 


CM 


p 












o 

-t-> 


o 


o Co 


CD CD CD rH CD CM 


H7> CO 


lO 


03 


CD 7—1 


Tf CM i— 1 i—l CM 


rH CM 


t^ 




S 


a 


* 


rH 


rH t-\ 


CM 


03 


PH 










£ 


























^ O 


lO H ^ O) (M CO 


OO OO 


GO 




0J 


CD i—l 


LO CD rH OJ t^ CO 


*0 rf 


OO 




03 


* 


i—l CD CD 


c^. c— 


CD 




21 




1— 1 


rH 


CM 






LQ CD 


NOO^ O^ 


CD ^ 


CD 




03 


CD ^ 


LO CM CO CO GO 


CD OO 


CO 




-M 


i—l * 


i— 1 i— 1 j—\ GO CD 


CO rf 


CD 




O 




»» 


Ct 


n 


fl 


&H 




i—l 


CM 


CO 


<D 


GO OO 


«?H lO CM CD CD CD 


LQ i— 1 


1— 1 


O 


c3 


t>- tH 


CD lO rfi C^ Tfi 


CO 1— 1 


CD 




a 


* 


i— 1 


y-i CM 


^H 


M 


<x> 










O 


Pa 












t>- CM 


CO lO oo OO ^ ^ 


lO CO 


CO 




a> 


CO CM 


Ci CD OO *0 CO 


CD C— 


CM 




r— H 

03 


* 


CD CD 


l>- CM 


CD 




a 




i-H 


CM 


CM 






lO CD 


HOOCD^GIQ 


i—{ GO 


CM 




o3 


Tf >0 


NIOOONIOH 


CO CO 


T-< 




+3 


CD CO 


^ i—l ^tl CM CD rH 


CO CD 


GO 




o 


»s -fi 


»\ W\ W\ .9\ *S 


rs «"- 


#s 




Eh 


1-H 


t— 1 i— 1 i— 1 CD CM 


O CM 


OO 


C3 

"3 




i— 1 i— 1 


1— 1 CM 


CM 


<£> 


CD OO 


f—i lO CD CM CO CO 


1— 1 i— 1 


CM 


03 


tH t>- 


LO lO CD iO CO 


i-i CD 


OO 


o 


a 


OO i—l 


cd ^ co c-^ lo 


CO CM 


lO 


«H 


* 


rv 


*\ rv 


C\ 


Q 






i— 1 


i—l CM 


^ 












lO CM 


CD CO CD CM CD CD 


CD C^ 


O 




OJ 


CO t>. 


CM CD CM CM CM H 


GO CO 


CO 




03 


GO i—l 


OONHUOHH 


O ^ 


CM 




^ 


* 


■t r» «s 


#\ «\ 


CN 






i— 1 GO CM 


CO 


^H 








i— 1 


CM 


CM 




. 


. . . . ;_ . 


• u 






. 


. . . . o> • 


. o; 








• u 


. . . . ^ . 


• k 








C/2 C3 


• ' C/2 V5 Cfl O P 


«3 O 








;-< o 


. tn ^ tn • r 

7J C! ^ CS 'd ? 


^H 






■ o 


rt >» 


03 np 






o 


£h QJ <D OJ g O 
C3 k*5 >> >> <£ P 








£-1 


J>>tH 






P4 


lO t-t 


tH tH t^ ^ 3 
CO CS P 
OOO^ 


"!f W3 


V3 


1> 


CD 

-2 s 




OS 
O 

H 




p 


O ■ M ■+-» "^ ^> 
1O1H rH (M Tt <! 


00 TH 






TH CM 







0Q 

r— I 

03 
4-5 
O 



'a 
G 

+3 

o 



GENERAL TABLES 



423 



< 



w 

w 

o 3 



p3 
o 

w 

H 



*5 

a 

~- 
»»« 

c 

CO 



G 
O 

o 

OS 



O 

bo 
v 

H 

o 



■3 

o 



03 

o 



03 
4^> 



Percent- 
age 


CM 1— 1 i— l 

cm cm co 


TF 
CO 


CM • t^i CO 00 

• CM CM CO 


No. 


(NCiCO 
N H lO 


Cft 


CO CO CO CO 

CO 1— 1 IO 



03 . 



OOG5Ci 
CO CO CO 
t-H Oti t-H 

CM H 



HHONOOCi 
CO CM rF N 'nF CM 
CM CM OONH 



■2 

03 
5 



1 




a 


<I> 


0> 


bo 


tn 


03 


<X> 




Ph 





COOCi OO rHQ(MO(N 



O 



03 • 

■8 ° 



OO Oi CM 
CM CM CM 



CM O CM 
OO H l> 
1>- C^ 



GO C5 CO 

CO ^f T— I 

N ^ CO 
CM CM 



CM CO 



H H CO 
CO CO CO 



OO CO CM TF tF O 
N O N 



^OOOrJHCOH 
OO NOOON H 
CM H H tF CM CM 



CM CM 



5 

03 



4^ 

8 
| 

Pm 



03 



■^COCO Ci CO O CM CO CO 



rH tH CM 



o 



H H O 
NOOC5 

TJH CO t>- 

TH CO 



CO "tf 1 CO Oi ». TH 
i—l t—I CO 



Oi rH 00 CM Cp CM 
H CJ (N IOC5 CO 
H COION 



rF CO 



03 . 



co ±o tH 

C* !>• CM 

CO IO rH 



OOOOOOONH 
U0 CO CM CO CO O 
O tH Oi CO TF CM 



IO CM CO 
CM CM 



CO CM 



CM O CM 
CM CM 



13 

O 

PM 

< 



- 

o 

c3 





> . • 


&h 






» . . 


0) 






l/l 


O 






u . . 








c3 . , 


d 






0> . . 


a 






r»> . 


CS 




. OJ 


> . <L 


, 


0) 



V2 
OX 



o 



OS 

o 



o 

CM 

O "C3 



1— H C/3 



a 



C3 nj Si CS 0J 



CM 



124 



RESIDENT ORIENTALS 






C<1 

tH 

w 



a 

si 

a 
u 

O <m 

u 

Q 

H ^ 
< S " 

■J 

O 
O 

B 
u 
c/2 



s 

S 

o 





r— ( 

o 
o 

x: 

a 
CO 

bJO 

g 


rcent- 


1— 1 t^ 

• • 


o CO 

• • 
* IO * * i— 1 


a 
o 


4) 

Ph 


5© CO 


OO ijO 








+9 










be 


6 








a 


i 


• 


CO ^ Ci CO (N N CO oo 


m 




O 


^ OO lO HOCOCOIO 


111 


45 


& 


CM T-l- 


T—l 


03 


<3 








£ 










p— i 








03 . 


(MOO LO O O T^ CO 






CO r^ 00 Tf(MT^^TH 




CO CM 


rH 1—1 




o 
o 


i 

■P 

$-1 05 


Tf^COH CM O 

• • • • • 




CO 
bo 

.9 


cr> t>- no *0**Tt< 




Ph 


ID O CO Oi TJH 






o 
bo 




B 


CO i-H CM NOOiN^ 


4) 


1 1 


o 


Oi OO H H OCO (N^ 


*H 


+i 


523 


(M H H i— i 


o 


^ , 








i— i 








c3 • 


tH OS <M OOr^COCOO 




H 1 ^ 


^"vON OOO^^O 




TH(NH tH tH 




i-h 


i- 

-p 








o 
o 


Ph 03 


IS- t^ CO ON^OON 


THHO qoonow i 


03 


o 
CO 

bo 


Ph 


OON tjh OO 00 CO CO 


a 








'5 


« 




OO^ HQC5HO 


Q 


S3 


• 


CO(NO COOOOCON 


i— 1 




o 
525 


dJOOH CO iOCOCOCO 

rn #> r> r% 


S3 


<1 




CM tH i— 1 T-i 


D 










^H 


OiX H COHNOiH 




03 • 


(NlON NON^CO 






lOCi lO O N ^ lO H 




•* »\ *x •> »\ 




EH 


TJKMH 1—1 i—i 






I 


fi . . 






• i— l . 




• i/5 V3 










V2 . &_ U V2 






years 
ive . 




> h ^i ci c? j^ 




'TIS 




rt s-i <^ o ctf 




O 




o ai >)>iaj 




Ph 


a 








Gfi — 


to rlHQ 




bo 

< 


to 20 
clu 
Male 


and i 

to 13 

and 

and 

to 2 












^ CO 00 








LO 




iOt>rirlTH 



© 
© 



c 

l-H 

4) 

xfl 

C3 

pQ 
o 

Oj 



C 

o 

Si 

+■> 

o 
= 

4> 

bfi 

C3 

+■» 

C 
o> 



GENERAL TABLES 



425 



CO 
rH 

W 

J 

< 



a 

w 

fa 

O 
fa 

o 

rl 
H 
P 

S "i 

c/5 



fa 



C* 










Or^h»^l0l>t>-00 


iO lO 


l>- 




13 


t»eO(N(NNOHOi 


OS CM 


QO 




-M 


OON(N^N(NN 


CO OO 


CO 




o 


** W *\ #s rv 


»* #* 


#^ 




E-H 


CM T-l O T-H 


O i-i 


t^ 


d 




iH 


1-4 1—i 


T-^ 


o 

.5 


0> 


(MTf<HOOCOCO(MCD 


ZO ZD 


J2 


"os 


O.I>- NOJ CO O tJh H 


UO iO 


a 


Tf CO lO rH (N "^ (N 


lO iO 


O 


2 


r* ^n *s 


•S »\ 


«, 


OQ 

03 


QJ 

fa 


i— l CO 


CO CO 


CO 




LOQCOOO(N^»0(N 


OS OS 


CM 




<U 


NOlOKN^ONOO 


CO CO 


CM 




03 


•^ CO O (N lO OO ^ 


rH CM 


CO 




— 


«~ * ^ 


rs «n 


•s 




S 


H CO rH 


l>- OO 


rH 

rH 




i— i 


lO^^^ft^-t^COTH 
CO J^ CM tH lO rf 


"* CO 


rH 




03 


O CM 


lO 




o 


CO OS 


rH 




Eh 


CM 


CM (M 


Ttl 


<j> 


o25(NC<ICOOilO(N 

co ?r co co co co tf 


y-^ CM 


OS 


bo 


03 


OS OS 


-^t" 


a> 


a 


CO i—l t>» 


c— t^ 


CO 


h 


a> 






•N 


o 


fa 






rH 


<x> 


OS^CMCM^HOOOOOS 

t ? fi CO « CO (N 


co ^ 


CM 




y^ CO 


O 




«5 


CO ' tH rH l>- Tf 


OO T-i 


OO 




S 


»v 


•s c 


•% 




T-1 


rH CM 


CM 






COCCOOO(NCOC5H 


co co 


CM 




03 


lOooos^cot^cooo 


CO CO 


y? 




-M 


HH^XOO^tH 


Tti io 


OS 




o 


«s c* #* #* •"* #s *■* 


*s «N 


«N 




71 


CO CO W H (N Ci 00 


rH C>- 


rH 


as 

*5 


r- 1 * CO 


Tj< ^ 


t^ 


OVOO HIOCQIO^H 


CM OS 


00 


M 


« 


CO(MHiO^Oi<NiO 


t^ <3 


CO 


O 


a 


CO *0 CO OO 00 CD rH 


rH TJH 


io 


«M 


#-.»•.*-. 9\ 0\ 


W\ *v 


•s 


S3 


r^ 


CO -rH CM "TfH rH 


lO lO 


CO 


flS 

O 


*| 


* i—i 


1-i T—i 


CM 




t>.00(MC0CiC0 10O 


CO LO 


rt< 




0> 


rH *0> OO OS CO l>. v ^ CO 


rH 




03 


00^00050iC<ICOH 


CM r-^ 


-r 






*-. ** #s W\ 0* T\ 


€\ i ^ 


*s 




S 


CO *- < CM HiON 


CO CM 


IO 






* CM 


CM CO 


Tji 




• •••••{^» 


• 8m 








•••••• ^O • 


. a? 








.£_,....£»-. 


• r> 








C/3 C3 • C/5 V2 C/3 O -h 

U O • "-H 8h U £ 


C/2 O 








8-i 






o 


C3-> i V3C3C3CX'T3^ 
<U U 0> 0> 0) rj >L 


cc X3 






a; a 






ft 


^S 








lO 8m ^^ ©Tt W^ 


^ V5 


V2 


fcdO 
<3 


TH tH -tH 8m fl 


^ 8m 


o 


Sh TS OS ? S 

^ a o o o £ 


C3 

O £ 




*d »-) o -^ -^ ■*■* ^o 

,~ O iO o >o ^ 
hJ iO th th CM «* < 


OO !—• 


H 






TH CM 










S 
a 

c 



o 

r?I 



126 



RESIDENT ORIENTALS 



o 

— < 

to 

c 



ca 



YH 

w 

H 






o 

fa 

u 

K 
W 



OS 

S 
CO 



o 

51) 

o 






03 
'3 

o 

'el 
Q 



-t-> 
o3 



U cc 

fa 



o 



HCOTf 

cm os 06 



COCOOOONO 



OlOX (MOJO 

h <M 



C3 . 



CD JO JO 

6ooi> 



CO H (N 
OO C5 Oi 
CM r- I O 

rs «n rs 

CO OS Tt< 



(M Oi CO W(MH 
OJ "^ Tfl H O H 



OO CM CO JO OS CD 

iO (M CO (M O lO 
"^ OS lO (X) CM lO 

tH i— I OO CO 



o3 



S3 

O 
P 



-t-5 


















fi <T) 


c^ 


CM 


T* 


T— 1 


CO 


• 


JO 


t>- OO 


& c3 


CN 


CD 


os 


JO 


^ 


• 


CO 


CD CD 


<a> 


tH 


i— 1 


T— 1 






• 


T— 1 


t-H CM 


fa 




















os 


OO 


1— 1 


JO 


os 


CD 


"*H 


OS JO 


O 


o 


CO 


t^ 


rH 






OS 


CM CD 


fc 


^ 


CM 


T-H 








CO 


(M r-i 




<M 


tH 


1—1 


CO 


t^ 


OS 


CD 


Th CM 




(M 


^f 


OO 


OS 


o 


OO 


(M 


co os 


o 


(M 


CO 


OO 


CM 


CM 




os 


H O- 


^ 


o~< 


oq 










CM 


CM 



-p 

03 

*-< 
-p 



+3 
O 
fa 



es 



O 



e3 . 

"E ° 



o 

fa 

<v 
ex 



CO CD CM 
O l>- JO 



HCM^OCO'* 
JO ^f CD i—l 00 CD 



OC1H 
OlM N 
JO OO CD 

JO CM (M 



HHOCjiCOH 
OS JO TF CD O- CO 
CM rH i— I CM CD JO 

JO CM CM 



CM JO OO 

OHOO 
CO N JO 



c— oo os CD t>- os 

CO JO C^ CD JO CD 

MOHIOH'* 



CO JO t^ 

JO CO i-H 



CD 

o 



JO CO CM l>- CM JO 

^ CO -rH 



0> 



03 

o 



C/2 
03 

>> 

o 

CM 



CD 

O 

a 



"3 



O tH 

rH CM 



GENERAL TABLES 



427 



LO 



•W 






w 

09 

w 

Oh 

< 

O O 

fa a- 






«c 






Q 

fa ^2 

<! 

o 
o 

u 
c/2 





1—4 

o 
o 

-q 
o 


rcent- 
age 


CO KO 


CO 

cm 


CO oo 
* t>» * * CO 






CQ 


fa 


(N(M CO 


l>- T— 1 




c 


til) 

a 










o 








4J 












60 


S 










g 


a 


• 


l>- t^ CG 


(M^tNOOH 




5 


4.3 


O 


^Ofllh 


OlO (M (NQ 




+s 


fc 


CM T— 1 


rH 




03 


< 










£ 


~ 










•3 • 


oq O. ic 


CO TH CO i—i 92 
00 CO CO oo iS 

tH ^ 








CS t>- T— 






OS C— CM 






o 
o 


+3 

S-h o3 


CO 00 CM 
l/t) IO ut 


(MH 00 

) CO O * * CM 






go 

bJD 


fa 


Tt> ^ Tf 


CM oo CM 










» 




2 












O 




. 


• 
ZO CO G 


> t>- LO O l>- l>- 




a 


O 


^ TJH CT 


> co cm cm cm co 




m 




fc 


CM H r- 


1 T— 1 




O 


< 












r"-* 






• 

o 




03 . 


O OS t— 


1 t— 1 CO-OO CO CO 


o 




^o 


LO CO 


1 o< 


I ^ lOCMLO CQ_ 


rH 






) c< 


| T— 1 T— 1 T— 1 ' 


ed 












H 




i— 1 

o 
o 

£3 


Percent- 
age 


rtl H T- 


( (MIOOWCO 


G 




rPCfi (N OO COOOC 


0) 




o 
bo 

n 


LQIOIO COOOX IC(M 


p— 1 


03 


4 t 








*s 


t3 




OS lO ^t 


* LOOi 1C N CO 


CO 


f-l 

o 

'o3 
O 


n 


• 


o th c: 


) lO TjH Tf as CO 


es 


4) 


o 


H«5^ Oi CO lOiO^O 
CO CO CM CO 


CJ 






OOO O CM C^ rH O 


fl 

^ 




^™j 


CO ^ OS ONIOMIM 






CM ^t 1 l>- H00OO W 


s 




Ota 


H CO ■* CO CO t-h CM 

*-* 


> 

•ft 
4-* 














G ' ' 






o 

r* 
FN 










72 75 C3 C3 U 


o 




H3 


C<2 




U U O O C3 


be 







b u 




rt cs ^> J>j <P 


ed 

4d 




15 






cu o >» 


c 




0J 

fa 


! a 

r— 


! ^^2^o 


o 
u 

fa 




a; 
< 


3 C5 

2 §£- 


u H fl fl o 






1 G O 55 C3 +- 
rt ^rt.^oc 


* 








LO 




iO t> »^ H th 





128 



RESIDENT ORIENTALS 



co 



< 



* 

CM 



o 

C5 



< 

X 

a 

< 

< 
u 

W 



W 



W £ 



o 



H 

i— i 

w 
w 



DC 

a 

CQ 

S 





t^ 


cc 


t^ 


LO 


T—I 


CO 


OO 


CM 


o 


T— H 


cy: 


o 






QO h*- 


iit 


i— I CM 


CC 


^'tH 


CO 


O O 


T—I 


£•? 


O CQ 


cc 


CO TF 


CO 


t^ Ttl 


T-4 


CO o 


CO 


i-t 


CM OS 


T— 


oo rt 


cc 


CM CO 


C5 


CM tH 


CO 




OO Tji 


cc 

tH 


CO ic 


CM 


i— 1 


tH 








O UZ 


» IjC 


CO co 


Cft 


CM CO 


CM 


o t> 


t^ 




OO iit 


> cc 


CM ^ 


co 


i-l o 


T—I 


t^ OS 


CO 


os 


lO CO 


co 


C^ TJH 


i— 1 


o c^ 


C^ 


O CQ 


CO 


5l^ 


w\ # 


• 


t •■» r 


» r 


#\ #1 


w 


t% 


A 


s 


^ cc 

OO Tf 


cc 


iO o 


CO 


CM CO 


00 


CM 


<M 




cc 


i CO iC 


T^ 


tH 


T—I 










T— 




tH 












cp os 


LC 


l t— CM 


05 


'^ "^t" 


OO 


CO T— 


t^ 




O C-* 


OC 


T— 1 C5 


CO 


^cH Tt 1 


00 


Tf< cc 


CO 


O 

1 

r-i 


c— ic 


l CM 


CO ^ 


T— 


00 oo 


co 


CM CC 


I CO 


OO cc 


LC 


CO t- 


OC 


1—1 LC 


t>i 


CM 


(M 




OO cc 


CM 


CO ^ 


CO 


1—1 


T— 1 










t— 




T— 












as cc 


i^7 


i co nc 


1 T— 


lO t^ 


(M 


CM 1C 


> t>- 




CO IC 


> CM 


JlO CO 


CO 


tH CC 


S3 


C^ CO 


• CO 


CO 

T— ( 


H Tt 


CO 


CM CC 


IC 


CO CO 


LQ t— 


1 t^ 


OS 


i^ cc 


I>| 


CO T- 


l> 


Ci CM 


<M 


CM 


<N 




CO t— 


l> 


lO cc 


oc 




T—I 








o^> ^ 


1 Tf 


i>- cc 


CO 


t^ I>i 


Tf 


C^- oc 


io 




CO ^f" 


T— 


t— 1 -rt 


CO 


T—i CC 


^C 


CM CC 


) CD 


$ 


t^ er: 


l> 


CO T— 


t> 


!>■ r-i 


OO 


CO t— 


1 ^ 


r- ( 


Oi CO 


i cO 


i rf r- 


15 


t^ tH 


OO 


CM 


CM 




CO 


t> 


^ CO 


CO 












is- t> 


Tt 


CO CM 


oc 


CO 00 


OO 


OO OC 


CO 




io a: 


ic 


i CM OC 


CO 


io oc 


cc 


^ 


iit 


3 


00 Tt 


cc 


I t— 1 OC 


CO 


^f cc 


OO 


^ 


^H 


•^ « 


• 


\ w\ m 


1 •■ 


» •> 


* 






OS 




oc 


TJ* T— 


CO 


> T^ 


"# 








• • 
V3 




























*> 




























•Kj 




























« 




























•+O 




























&S 
















\ 












^ 




























*} 
























» 




«*^ 




























•*«j 




























£ 




























KD 


























































P— 


1 




r— 


1 




r«~ 


, 




i-H 




r^ 


C 


> cc 


1 


& 


» K 


1 


a 


» a: 




a. 


a 




»s 


^— 


; h- 


' • . 


r— 


; *- 


• . 




1 4- 


' 


^— 


4-» 




*> 


• cc 


' C 


> *•-» -s K 


c 


» Q *l w 


c 


1 <-"\ * w 


o 




■5-2 £ 


; b- 


1 a ■— ! fc 


1 h 


1 'S-S £ 


1 E- 


H 




•w rt a 


) 


-n as a 


> 


a cs a 


» 


"5 * ^ 






§s* 


i 


i 




i 


g§&- 






o 






U3 






o 






^ 









GENERAL TABLES 



429 







OS 


as 


oo o as 


CO 


00 


OS l>- 


m ^ 




o 


<ro 


as o cd 


to 


tH 


CM -i—i 


c3 


• 


CO 


CO 


QCt N 


l>. 


q0 


<3 rt< 


-4-> 




e* 


»* 


•s »s W\ 


VI 


c\ 


9* *y 


o 




tH 


zo 




H 


TJH 


Tt< tO 


&H 




CO 


•t— 1 


CO 


CO 


CO 






T— 1 




T-4 








g£ 




QO 


CM 


co o o 


to 


o 


CO ^ 


. £"2 




tO 


CM 


CO CO o 


as 


CO 


^r to 


Ha 
waiii 
Islar 




OO 

o 




Hr-fN 

*k *k VI 


CM 

H 


to 

tH 


r^ CM 

CO CO 




t^ 




co co co 


CO 


CO 






c . .. 




as 


OO 


H1*lO 


t^ 


CM 


OS <z> 


c d ^ 




^n 


as 


oto 


to 


OS 


^ 


tJQ >» C 




00 


t^ 


O 00 tO 


as 


oo 


00 


gfcs 




■* 




**•■«#■* 




«% 


v. 




CM 




CM rH tH 




tH 


CM 


. d d 




1— 1 


s 


CO O H 


CM 


OS 


OO CO 






*o 


OO CO (N 


CO 


T— 1 


l>- t^ 




oo 


CM 


tO 00 O 


to 


CO 


c^ 


a ^ d 




•» 


#N 


»» #V «N 


r< 


•N 


n 


> d o 




tO 


tH 


rf CM CO 


CM 


CO 


to 


t-> r C3 o 




o 


lO 


tO o o 


o> 


o 


o o 


Southe 
Cali- 
fornia 
Arizon 

New 
Mexic< 






l>- 


CM o o 

tO tO tO 

•* *\ «s 

co o as 


o 


o 


o o 




o 


CO 


to 

i-H 


to 
oo 


CO c^ 

as 




cm 




tH i— 1 


,iH 




rH 


C3 




00 


1^- 


tH l>- H 


C5 


oo 


CO 00 


« 




o 


CM 


OO IO iO 


CM 


oo 


o 


C3 




1—1 










i-H 


> 
















a> 
















ft 




















1— 1 


ZQ 


to as co 


CO 


oo 


co to 


a 




CM 


CO 


to OO CO 


CO 


oo 


y— 1 


S3 




o 


1— 1 


00 tO rf 


CM 


o- 


o 


H-i 




»* 










#N 


P 




J-i 




* 






rH 


o 




as 


ia 


Tf Tf IO 


as 


OJ> 


CM t^ 


c3 




S 


LO 


co as as 


as 


Os 


T— 1 t>» 


hi 




1—1 


Tf OO CO 


to 


OS 


to 







•N 




c 






w*> 


75 




tH 




tH 






T— 1 



















F — 

£ «3 , 03 

* — £_■ *— ■* »p— ' 




i— 1 


oo 


co co to 


o 


i-H 


i— 1 o 




00 


as 


CO CM O 


CM 


rH 


oo to 


£3 C"g c3 g 




CO 


as 


co to oo 

r* **■ ** 


CO 




1—1 T— 1 


s * «o O 




cm 


to 


CO CO to 


«3h 


t^ 


CM 


go- 




CO 




CM i— i i— 1 


T— 1 


i-H 


cc 


) 








i 


. . p— H 




, 


. 4-» 








• pH 








. o 






• 




■ fl 




OS 

d 

o 

DO 


•r-< ft 


00 o 
CTj t 1 

-t-» pi 

G a) 

£ S 

as < 


• 03 
G 

>>.2 

— .- 

O ^H 






CL 


. o 

.,G 
. o 

. CO 

cm 

o 

I 
in 




• o 

to 


• 

1 

cu .2 
tic ac 

o 

O co 

pG 5-i 

" o 


t: 


. 00 

o ■ 

CL 

00 c 






•X CO 

Sh G 

S N 


0) F-H 

to G 


C3 _Q 

G 


co co 13 ^ 

^ « c 2 

"*"' .^ CD f^ 


« ! 


fS2 




< 


o 


o 




^ 


fc 


s 




s 


l> 




X 






d o 

09 

o a 

w N 

a -a 

•^ O 
'd.Q 
o I 



GO 

pi u 

* £ H 
« ph O 

o d 



S° PH ^'O 

•h -H tj TT 



0J 

fl O 



— e*H 

d •• 



5 o ^* .« S m 
on «( «o *? 75 



3 5 wm 



O W2 

•PH £ £ 

3 3 § 






o 



d ■* 



S K S pi ..« - * 



d a 
d oj 

co n 



Sh 

pi4 
o 



H h 

tf a 

O U 

o ^ 



'OD 

do 
"S o 

d o 

9 w 

>> 

^ B 



•*■' d "d 

r#> PP ZL 



« d 

d ^ 

d • •- 



PH cc 
M 



Bfl 



o 

«p-l 



° 2 t- 

d c •> 



« p>» 

d ft 

cc d 



75 
d cc 

•pi j2 

n S 
d 2 

Q,pd 

I" 



rH O 

r*> g 

^ cc 

58 



hi cc 

d <u 

o * 

hi d 

O d 

• ,2 



cc <y 

h. h 



SELECT DOCUMENTS 






SELECT DOCUMENT A 

THE CHINESE-AMERICAN TREATY OF 1880 

(Concluded November 17, 1880; ratification advised by the 
Senate May 5, 1881; ratified by the President May 9, 1881; ratifi- 
cation exchanged July 19, 1881; proclaimed October 5, 1881. Af- 
fected by various provisions of law, prohibiting the admission of 
Chinese laborers to the United States.) 

ARTICLE I 

Whenever in the opinion of the government of the United 
States the coming of Chinese laborers to the United States, or 
their residence therein, affects or threatens to affect the in- 
terests of that country, or to endanger the good order of the 
said country or of any locality within the territory thereof, 
the government of China agrees that the government of the 
United States may regulate, limit, or suspend such coming 
and residence, but may not absolutely prohibit it. The limi- 
tation or suspension shall be reasonable, and shall apply only 
to Chinese who may go to the United States as laborers, other 
classes not being included in the limitations. Legislation 
taken in regard to Chinese laborers will be of such a charac- 
ter only as is necessary to enforce the regulation, limitation, 
or suspension of immigration, and immigrants shall not be 
subject to personal maltreatment or abuse. 

ARTICLE II 

Chinese subjects, whether proceeding to the United States 
as teachers, students, merchants, or from curiosity, together 
with their body- and household servants, and Chinese labor- 
ers who are now in the United States shall be allowed to go 
and come of their own free will and accord, and shall be 
accorded all the rights, privileges, immunities, and exemp- 
tions which are accorded to the citizens and subjects of the 
most favored nation. 

ARTICLE III 

If Chinese laborers, or Chinese of any other class, now 
either permanently or temporarily residing in the territory 
of the United States, meet with ill treatment at the hands of 
any other persons, the government of the United States will 
exert all its power to devise measures for their protection 
and to secure to them the same rights, privileges, immunities, 
and exemptions as may be enjoyed by the citizens or subjects 

433 



i:U RESIDENT ORIENTALS 

of the most favored nation, and to which they are entitled 
by treaty. 

ARTICLE IV 

The high contracting powers having agreed upon the fore- 
going articles, whenever the government of the United States 
shall adopt legislative measures in accordance therewith, 
such measures will be communicated to the government of 
China. If the measures as enacted are found to work hard- 
ship upon the subjects of China, the Chinese minister at 
Washington may bring the matter to the notice of the Secre- 
tary of State of the United States, who will consider the 
subject with him; and the Chinese Foreign Office may also 
bring the matter to the notice of the United States minister 
at Peking and consider the subject with him, to the end that 
mutual and unqualified benefit may result. 

In faith whereof the respective plenipotentiaries have 
signed and sealed the foregoing at Peking, in English and 
Chinese, being three original of each text of even tenor and 
date, the ratifications of which shall be exchanged at Peking 
within one year from date of its execution. 

Done at Peking, this seventeenth day of November, in the 
year of our Lord, 1880. Kuanghsu, sixth year, tenth month, 
fifteenth day. 

James B. Angell (Seal) 
John F. Swift (Seal) 
Wm. Henry Trescot (Seal) 
Pao Chun (Seal) 
Li Hungtsao (Seal) 



SELECT DOCUMENT B 

ASIATIC EXCLUSION LEAGUE OF NORTH AMERICA 
PREAMBLE AND CONSTITUTION, 1905 

PREAMBLE 
PRINCIPLES AND PURPOSES 

Two or more unassimilable races cannot exist peaceably 
in the same territory. This action between such races results 
in the extermination of that one, which, by reason of its 
characteristics, physical and mental, is least adapted to the 
conditions of life originating in the given territory. 

The conditions of life are, in the last analysis, determined 
by the conditions of labor, consequently the question of 
adaptability as between two unassimilable races must be 
resolved in favor of that race the characteristics of which 
most nearly conform to the conditions of labor. 

The labor of today in North America is a machine, as 
distinguished from a manual process. That race, therefore, 
which, by its nature is best suited to complement the machine 
as the essential factor of production, is in that respect the 
superior race, and therefore best adapted to the conditions 
of American industrial life. 

The Caucasian and Asiatic races are unassimilable. Con- 
tact between these races must result, under the conditions of 
industrial life obtaining in North America, in injury to the 
former, proportioned to the extent to which such contact 
prevails. The preservation of the Caucasian race upon Ameri- 
can soil, and particularly upon the West shore thereof, neces- 
sitates the adoption of all possible measures to prevent or 
minimize the immigration of Asiatics to America. 

With these principles and purposes in view, we have 
formed the Asiatic Exclusion League of North America to the 
end that the soil of North America be preserved to the Ameri- 
can people of the present and all future generations, that they 
may attain the highest possible moral and national standards, 
and that they may maintain a society in keeping with the 
highest ideals of freedom and self-government. 



435 



436 RESIDENT ORIENTALS 

CONSTITUTION 
ARTICLE I 

This organization shall be known as the Asiatic Exclusion 
League of North America. 

ARTICLE II 

This League shall be composed of contributing branches 
of the Asiatic Exclusion Leagues of the states, territories, and 
provinces of North America, and other organizations sub- 
scribing to the principles of the League. 

ARTICLE III 

The League shall promote such legislation as will effectu- 
ally exclude all Asiatic immigration from North America. 

ARTICLE IV 

The officers of this League shall consist of a President, 
Secretary-Treasurer, Counsel, Statistician, to be elected by 
the general convention, and one Vice-President from each 
state, territory, or province affiliated, the same to be elected 
by the representatives assembled from the local leagues in 
each respective state, territory, or province, the officers 
above to constitute the General Executive Board. 

article v 

The President shall preside at the convention and per- 
form the duties usually devolving upon such office, and 
perform such other duties as may be hereinafter specified. 
He shall appoint from time to time such organizers as he 
may determine upon, subject to removal by a majority of the 
General Executive Board, and at such salary as the General 
Executive Board may determine upon, subject to revision by 
the General Executive Board. 

ARTICLE VI 

The Secretary-Treasurer shall keep a full and complete 
record of all meetings, conduct correspondence, receive and 
receipt for all moneys of the League. He shall be the cus- 
todian of the League's property and shall act as Secretary 
of the General Executive Board and be subject to instructions 
of the latter at all times. He shall receive such compensation 
as the League may determine. He shall give bonds in such 
sum as the General Executive Board may determine. 

ARTICLE VII 

The Counsel shall act as legal adviser of the League. He 
shall pass upon the legal status of all proposed resolutions 



SELECT DOCUMENTS 437 

before they are submitted to the various state, provincial, or 
national legislative bodies, and render such services as may 
be required by the President and General Executive Board. 

ARTICLE VIII 

The Statistician shall gather and compile such data as are 
essential to carry out the principles and purposes of this 
League, and shall receive such compensation therefor as may 
be determined by the convention. 

ARTICLE IX 

The General Executive Board shall be the governing 
power in the intervals between the meetings of this body. 

article x 

The League shall convene in annual convention on the 
fourth Monday of March each year at such place as is deter- 
mined by the previous convention. 

ARTICLE XI 

The basis of representation in the convention shall be as 
follows: One delegate for each affiliated and contributing 
organization, and one additional delegate for each 100 mem- 
bers or major fraction thereof, each delegate to be entitled to 
one vote and no proxies allowed. 

ARTICLE XII 

Quorum — A quorum of the General Executive Board shall 
consist of a majority of the members of said board. The 
President of the League shall be Chairman of the board. 

ARTICLE xm 

Auditing Committee — Each convention shall elect an 
Auditing Committee of five members, none of whom shall be 
members of the General Executive Board, whose duties shall 
be to audit all accounts and submit their findings to the 
convention signed by not less than three members who 
assisted in the auditing. 

ARTICLE xiv 

Revenue — The revenue of this League shall be derived 
from volunteer contributions from all affiliated bodies. 

ARTICLE xv 

Amendments — Amendments to this Constitution can be 
made only by the General Convention. 



SELECT DOCUMENT C 



EXTRACT FROM PRESIDENT ROOSEVELT'S MES- 
SAGE TO CONGRESS CONCERNING THE JAP- 
ANESE QUESTION, DECEMBER 3, 1906 

(This message arose from the San Francisco School Question, 
see chapter xvii, a precursor of the "Gentlemen's Agreement.") 

It is a mistake, and it betrays a spirit of foolish cynicism, 
to maintain that all international governmental action is, and 
must ever be, based upon mere selfishness, and that to ad- 
vance ethical reasons for such action is always a sign of 
hypocrisy. This is no more necessarily true of the action of 
governments than of the action of individuals. It is a sure 
sign of a base nature always to ascribe base motives for the 
actions of others. Unquestionably no nation can afford to 
disregard proper considerations of self-interest, any more 
than a private individual can do so. But it is equally true 
that the average private individual in any really decent com- 
munity does many actions with reference to other men in 
which he is guided, not by self-interest, but by public spirit, 
by regard for the rights of others, by a disinterested pur- 
pose to do good to others, and to raise the tone of the 
community as a whole. Similarly, a really great nation must 
often act, and as a matter of fact, does act, toward other 
nations in a spirit not in the least of mere self-interest, but 
paying heed chiefly to ethical reasons; and as the centuries 
go by this disinterestedness in international action, this ten- 
dency of the individuals comprising a nation to require that 
nation to act with justice toward its neighbors, steadily grows 
and strengthens. It is neither wise nor right for a nation to 
disregard its own needs, and it is foolish— and may be 
wicked — to think that other nations will disregard theirs. 
But it is wicked for a nation to regard only its own interest, 
and foolish to believe that such is the sole motive that actu- 
ates any other nation. It should be our steady aim to raise 
the ethical standard of natural action, just as we strive to 
raise the ethical standard of individual action. 

Not only must we treat all nations fairly, but we must 
treat with justice and good-will all immigrants who come 
here under the law. Whether they are Catholic or Protestant, 
Jew or gentile; whether they come from England, or Ger- 

438 



SELECT DOCUMENTS 439 

many, Russia, Japan, or Italy, matters nothing. All we have 
a right to question is the man's conduct. If he is honest and 
upright in his dealings with his neighbors and with the state, 
then he is entitled to respect and good treatment. Especially 
do we need to remember. our duty to the stranger within our 
gates. It is the sure mark of a low civilization, a low morality, 
to abuse or discriminate against or in any way humiliate such 
stranger who has come here lawfully and who is conducting 
himself properly. To remember this is incumbent on every 
American citizen, and it is, of course, peculiarly incumbent 
on every government official, whether of the national or of 
the several states. 

I am prompted to say this by the attitude of hostility here 
and there assumed toward the Japanese in this country. This 
hostility is sporadic, and is limited to a very few places. 
Nevertheless, it is most discreditable to us as a people, and it 
may be fraught with the gravest consequences to the nation. 
The friendship between the United States and Japan has been 
continuous since the time, over half a century ago, when 
Commodore Perry, by his expedition to Japan, first opened 
the islands to Western civilization. Since then the growth 
of Japan has been literally astounding. There is not only 
nothing to parallel it, but nothing to approach it in the 
history of civilized mankind. Japan has a glorious and an- 
cient past. Her civilization is older than that of the nations 
of Northern Europe — the nations from whom the people of 
the United States have chiefly sprung. 

But fifty years ago Japan's development was still that of 
the Middle Ages. During that fifty years the progress of the 
country in every walk in life has been a marvel to mankind, 
and she now stands as one of the greatest of civilized nations; 
great in the arts of war and in the arts of peace; great in 
military, in industrial, in artistic development and achieve- 
ment. Japanese soldiers and sailors have shown themselves 
equal in combat to any of whom history makes note. She has 
produced great generals and mighty admirals; her fighting 
men, afloat and ashore, show all the heroic courage, the un- 
questioning, unfaltering loyalty, the splendid indifference to 
hardship and death, which marked the loyal Ronins; and 
they show also that they possess the highest ideal of patriot- 
ism. Japanese artists of every kind see their products eagerly 
sought for in all lands. The industrial and commercial devel- 
opment of Japan has been phenomenal — greater than that of 
any other country during the same period. At the same time, 



440 RESIDENT ORIENTALS 

the advance in science and philosophy is no less marked. 
The admirable management of the Japanese Red Gross dur- 
ing the late war, the efficiency and humanity of the Japanese 
officials, nurses, and doctors, won the respectful admiration 
of all acquainted with the facts. 

Through the Red Cross the Japanese people sent over 
$100,000 to the sufferers of San Francisco, and the gift was 
accepted with gratitude by our people. The courtesy of the 
Japanese, nationally and individually, has become proverbial. 
To no other country has there been such an increasing 
number of visitors from this land as to Japan. In return, 
Japanese have come here in great numbers. They are wel- 
come, socially and intellectually, in all our colleges and insti- 
tutions of higher learning, in all our professional and social 
bodies. The Japanese have won in a single generation the 
right to stand abreast of the foremost and most enlightened 
peoples of Europe and America; they have won on their own 
merits and by their own exertions the right to treatment on 
a basis of full and frank equality. 

The overwhelming mass of our people cherish a lively 
regard and respect for the people of Japan, and in almost 
every quarter of the Union the stranger from Japan is treated 
as he deserves — that is, he is treated as the stranger from any 
part of civilized Europe is and deserves to be treated. But 
here and there a most unworthy feeling has manifested itself 
toward the Japanese — the feeling that has been shown in 
shutting them out from the common schools in San Fran- 
cisco, and in mutterings against them in one or two other 
places because of their efficiency as workers. 

To shut them out from the public schools is a wicked 
absurdity, when there are no first-class colleges in the land, 
including the universities and colleges of California, which 
do not gladly welcome Japanese students and on which Jap- 
anese students do not reflect credit. We have as much to 
learn from Japan as Japan has to learn from us, and no 
nation is fit to teach unless it is also willing to learn. 
Throughout Japan Americans are well treated, and any fail- 
ure on the part of Americans at home to treat the Japanese 
with a like courtesy and consideration is by just so much a 
confession of inferiority in our own civilization. 

Our nation fronts on the Pacific, just as it fronts on the 
Atlantic. We hope to play a constantly growing part in the 
great ocean of the Orient. We wish, as we ought to wish, for 
a great commercial development in our dealings with Asia, 



SELECT DOCUMENTS 441 

and it is out of the question that we should permanently have 
such development unless we freely and gladly extend to other 
nations the same measure of justice and good treatment that 
we expect to receive in return. It is only a very small body 
of our citizens who act badly. Where the federal government 
has power it will deal summarily with any such. Where the 
several states have power, I earnestly ask that they also deal 
wisely and promptly with such conduct, or else this small 
body of wrong-doers may bring shame upon the great mass 
of their innocent and right-thinking fellows — that is, upon 
our nation as a whole. Good manners should be an inter- 
national no less than an individual attribute. I ask fair treat- 
ment for the Japanese as I would ask fair treatment for 
Germans or Englishmen, Frenchmen, Russians, or Italians. 
I ask it as due to humanity and civilization. I ask it as due 
to ourselves because w 7 e must act uprightly toward all men. 
I recommend to the Congress that an act be passed specifi- 
cally providing for the naturalization of Japanese who come 
here intending to become American citizens. One of the great 
embarrassments attending the performance of our national 
obligations is the fact that the statutes of the United States 
are entirely inadequate. They fail to give to the national gov- 
ernment ample power, through United States courts and by 
the use of the army and navy, to protect aliens in the rights 
secured to them under solemn treaties which are the law of 
the land. I therefore earnestly recommend that the criminal 
and civil statutes of the United States be so amended and 
added to as to enable the President, acting for the United 
States government, which is responsible in our international 
relations, to enforce the rights of aliens under treaties. Even 
as the law now is, something can be done by the federal 
government toward this end, and in the matter now before 
me affecting the Japanese, everything that it is in my power 
to do will be done, and all of the forces, military and civil, 
of the United States, which I may lawfully employ will be 
so employed. There should, however, be no particle of doubt 
as to the power of the national government completely to 
perform and enforce its own obligations to other nations. 
The mob of a single city may at any time perform acts of 
lawless violence against some class of foreigners which 
would plunge us into war. That city by itself would be 
powerless to make defense against the foreign power thus 
assaulted, and if independent of this government it would 
never venture the performance of the acts complained of. 



1 12 RESIDENT ORIENTALS 

The entire power and the whole duty to protect the offend- 
ing city or the offending community lies in the hands of the 
United States government. It is unthinkable that we should 
continue a policy under which a given locality may be 
allowed to commit a crime against a friendly nation, and 
the United States government be limited, not to preventing 
the commission of the crime, but, in the last resort, to de- 
fending the people who have committed it against the con- 
sequences of their own wrongdoing. 

(Date of complete text of message, December 3, 1906) 



SELFXT DOCUMENT D 

THE GENTLEMEN'S AGREEMENT 

(From Report of Commissioner General of Immigration, 1908, 
p. 125. A supplementary statement by Japanese Ambassador 
Hanihara, his letter of April 10, 1924, appears in International 
Conciliation, No. 211, p. 186.) 

In order that the best results might follow from an en- 
forcement of the regulations, an understanding was reached 
with Japan that the existing policy of discouraging emigra- 
tion of its subjects of the laboring classes to continental 
United States should be continued, and should, by co-opera- 
tion with the governments, be made as effective as possible. 
This understanding contemplates that the Japanese govern- 
ment shall issue passports to continental United States only 
to such of its subjects as are non-laborers or are laborers 
who, in coming to the continent, seek to resume a formerly 
acquired domicile, to join a parent, wife, or children residing 
there, or to assume active control of an already possessed 
interest in a farming enterprise in this country, so that the 
three classes of laborers entitled to receive passports have 
come to be designated "former residents," "parents, wives, 
or children of residents/' and "settled agriculturists." 

With respect to Hawaii, the Japanese government of its 
own volition stated that, experimentally at least, the issuance 
of passports to members of the laboring classes proceeding 
thence would be limited to "former residents" and "parents, 
wives, or children of residents." The said government has 
also been exercising a careful supervision over the subject of 
emigration of its laboring class to foreign contiguous ter- 
ritory. 



443 



SELECT DOCUMENT E 

THE MACKENZIE LABOR REPORT 

(What was intended as an anti-Japanese investigation was 
approved in the California State Legislature of 1909, when an ap- 
propriation of 810,000 was made for the preparation of an agricul- 
tural report under the direction of the State Labor Commissioner. 
The findings, however, were directly contrary to the original ex- 
pectation, with the result that Senator Caminetti, later United 
States Commissioner of Immigration, and at that time floor leader 
of a rather small Democratic minority, secured unanimous support 
of the following resolution: 

"Whereas, The State Labor Commissioner has, in his report 
concerning Japanese laborers, expressed his opinion of the neces- 
sity for such laborers in this state, and thus without authority 
misrepresented the wishes of the people of this commonwealth, 
therefore, be it Resolved, that the opinion of such Labor Commis- 
sioner is hereby disapproved by this Senate." — California Senate 
Journal, 1910, p. 39. 

Certain sections of this report were published in the State 
Labor Commissioner's Report for 1911, but the full text is not 
available.) 

From Fresno Republican, May 30, 1910 

CALIFORNIA INDUSTRIES NEED SERVILE LABOR, DE- 
CLARES LABOR COMMISSION'S REPORT 

Sacramento, Cal., May 29. — Some form of labor such as 
is now represented by the Japanese is essential for the con- 
tinuance and development of the specialized agricultural 
industry of California. This is the broad conclusion of the 
report of the investigation on the Japanese in California 
made by the State Labor Commissioner under a special act 
of the legislature following the anti-Japanese agitation in the 
state in 1908-1909. The investigation has been in progress 
for a little more than one year and the result is embodied in 
a volume of over 200,000 words, exclusive of a mass of 
tabulated statistics just submitted to the governor. It goes 
thoroughly into all phases of the so-called Oriental problem 
as affecting the economic and social conditions of this state, 
and finds that the Japanese, or some form of labor of a 
similar character, capable of independent subsistence, quick 
mobilization, submissive of instant dismissal and entailing no 
responsibility upon the employer for continuous employ- 
ment, is absolutely necessary in the California orchard, vine- 

444 



SELECT DOCUMENTS 445 

yard, and field if these vast industries are to be perpetuated 
and developed. Next to the Chinese the report is of opinion 
that the Japanese have filled these requirements more fully 
than any other class of labor available. 

Summarizing the results of the investigation the report 
finds: 

"1. That the relationship existing between the farm 
labor utilized at the present time in the great industries of 
the orchard, vineyard, and field and the industries themselves 
have been developed along lines of an evolutionary charac- 
ter, and which are practically impossible of modification in 
any material degree. 



iil 



'2. That the problem of solving the situation by drawing 
from the present available white farm labor supply by any 
known or suggested methods of modification of the condi- 
tions now obtaining in this state will afford no practical or 
material relief. 

"3. That the creation of an ideal intelligent class of white 
farm labor to be drawn from all sources within the confines 
of the United States is practically an impossibility for the 
reason that such an effort would entail an entire and radical 
readjustment of economip conditions and the relationship 
that now exists between the grower and the system of trans- 
portation, distribution, and marketing. 

"4. That the perpetuity or continued development of 
these great and highly specialized forms of agricultural ac- 
tivity must largely depend upon a supply of labor coming 
from without the United States, and of such a nature and 
character as to conform to the condition resulting from the 
application of that labor to the agricultural demands. 

"5. That the transition from the cereal-growing period to 
the development of specialized agriculture increased the 
ratio of temporary help required by the farming districts 
beyond the normal available supply within the state during 
periods of largely increasing population. 

"6. The necessity for providing the large number of 
temporary employes engaged in the harvest with employ- 
ment during the various periods other than the harvest 
season is a vital element in the solution of the farm labor 
problem." 



446 RESIDENT ORIENTALS 

Editorial Comment from Fresno Republican 
By Chester H. Rowell, Editor and Manager 

A CALAMITY 

Reyond all comparison, the most startling and dangerous 
public document ever issued in California is the report of 
the State Labor Commission on Japanese labor, a very full 
synopsis of which is published in the Republican this morn- 
ing. The danger of it is the public expression and official 
recognition it gives to the doctrine of servile labor. Hence- 
forward, we stand before the people of the East as a divided 
state, on this our most vital issue, with our official Labor 
Commissioner on the side of the coolies. The fact that this 
commissioner is only Johnny Mackenzie, ex-boss of San Jose, 
will mean nothing outside of California. It is an official 
report, and it is going to rise to plague us for a long time to 
come. 

According to this "labor" commission California cannot 
raise both fruit and American civilization, and as the fruit 
is the more important, we must sacrifice the civilization. The 
employer is the judge of what sort of a man the laborer 
should be, and inasmuch as the California employing farmer 
prefers that his laborers should be slaves, or worse, it fol- 
lows that they ought to be slaves. The report is ruthlessly 
logical. It demands servile laborers — men who will work 
cheaply, live still more cheaply, put up with any sort of 
treatment and accommodations, who will entail no responsi- 
bility on the employer and who have permanently no ambi- 
tion to rise above this servile class. Such laborers, it is 
correctly found, cannot be found in America or imported 
from Europe. In fact, even the Japanese are objectionable, 
because they have human ambitions and aspirations. "Japa- 
nese ambition to progress beyond mere servility," "to be 
master and not slave," "is in line with the ambition of that 
type of American who will not compete with him. The 
moment that this ambition is exercised, that moment the 
Japanese ceases to be an ideal laborer." "If the .absence of 
ambition to stand above the plane of servility be the dis- 
tinguishing mark of accepted ideal labor," in the specialized 
farming industries of California, then these industries cannot 
depend on the American supply. The evident conclusion is 
that the Chinese should be readmitted. They are the "ideal 
laborers." The Japanese are next best, but if they are kept 
out some other permanently servile laborer must be found. 



SELECT DOCUMENTS 447 

.... This is the conclusion, and it purports to be the con- 
sensus of opinion of the employing white farmers of Cali- 
fornia. Doubtless it is. But in what other industry do labor 
commissioners make the employers' desires the standard of 
the ideal laborer? Almost any class of employers would find 
it convenient to use slaves in their own business. The "ideal 
workman/' from the selfish standpoint of the employer, is 
the one who will do as much work for as little wages as 
possible, and put up with any sort of treatment. If there 
were a tribe of human mules who would do human work on 
a mule basis, there would be a rush to employ them. But no 
labor commission has ever before recommended the mule- 
man as the "ideal laborer," merely because employers desire 
him. Short work days, higher pay, union recognition, safety 
appliances and all the rest of modern labor conditions were 
not adopted because the "needs of the industry" required 
them or the employers desired them. They were adopted 
for the good of the laborers. And if this standard of labor, 
here recommended for the California farmer, were adopted 
generally, the California farmer would have no consumers 
for his products. The people who eat California raisins and 
oranges are for the most part working people who draw 
more wages, for shorter hours and better treatment than 
their employers would lil^e to give them. 

The two essential assertions of this extraordinary report 
must be conceded as literally correct. It is true that Cali- 
fornia farmers as a class desire servile labor. And it is true 
that the fruit industry has so adjusted itself to this labor that 
it would require "economic readjustment" to fit it to the 
conclusion of such labor. It required "economic readjust- 
ment" to fit other industries to union labor conditions, but it 
was done, and it will have to be done in the fruit industry, 
also. But we go so far as to say that if it could not be done — 
if the fruit industry of California can not permanently exist 
except on a basis of servile labor, then it is better that the 
fruit industry be destroyed than that imported servile labor 
be made a permanent part of our population and a perma- 
nent element in our industrial system. If keeping California 
American means that the raisin vineyards and alfalfa fields 
of Fresno County must be abandoned, the city of Fresno re- 
duced to a village, the Fresno Republican sold for what its 
machinery will bring for secondhand junk, better that than 
the Orientalization of California, or the establishment of a 
civilization based on white aristocracy and coolie servility. 



148 RESIDENT ORIENTALS 

Concede the "economic readjustment," and the undesir- 
ability of making that readjustment all in one move. There 
are Japanese enough in California now to do at least the 
majority of the servile labor needed. There are our own 
Indians, and a considerable number of Mexican peons. More 
Mexicans can be had. There are some of the more recent 
importations from Southern Europe, who will do this sort of 
work at least until the dreaded "ambition" begins. There are 
some Americans who will do the work under existing condi- 
tions, and many more who could be induced to do it if 
conditions improved. We can solve the problem of servile 
labor after a fashion, now, with the servile labor we have, 
and long before the Japanese eliminate themselves, as the 
Chinese have done, the "readjustment" should be complete, 
and white men should be doing the work. What work white 
men can not or will not do had better not be done. 

The advantage of Mexican peons, to tide over the interval 
of readjustment is that they do not necessarily make a per- 
manent class. Those of them who individually get up in the 
world are welcome to do so, and will make an acceptable 
addition to our population. Those who do not get up can 
fill the bottom places so long as there is demand for them, 
and when they are no longer needed they can go back to 
Mexico — walk there, if necessary. They are not as good 
laborers as the Chinese or Japanese, but it is not a question 
of the best laborers, from the employers' standpoint. It is a 
question of any sort of laborers who will not permanently 
undermine our institutions. 

This question is of more permanent importance to the 
Pacific Coast than all other questions combined. Mere mat- 
ters of prosperity or poverty are as nothing, compared to it. 
The labor commission correctly reports our farmers as en- 
tertaining a short-sighted view of it. Rut it is a calamity to 
give that view official sanction. It is one of the incidental 
calamities of the sort of politics that could make a man like 
John D. Mackenzie Labor Commissioner. 



SELECT DOCUMENT F 

JAPANESE-AMERICAN TREATY 

COMMERCE AND NAVIGATION— SUPERSEDING THE TREATY OF 

NOVEMBER 22, 1894 

(Signed at Washington, February 21, 1911; ratification advised 
by the Senate, with amendment, February 24, 1911; ratified by the 
President March 2, 1911; ratified by Japan March 31, 1911; ratifi- 
cations exchanged at Tokyo April 4, 1911; proclaimed April 5, 

1 Jl J. • ) 

ARTICLES 

I. Mutual freedom of trade, travel, etc.; taxes, and ex- 
emption from military service. 
II. Inviolability of dwellings, etc. 

III. Consular officers. 

IV. Reciprocal freedom of commerce and navigation. 
V. Import and export duties. 

VI. Transit dues. 

VII. Corporations. 

VIII. Equality of shipping. 

IX. Privileges respecting stationing, loading, etc., vessels. 

X. Nationality of vessels. 

XL Tonnage, etc., dues. 

XII. Vessels in postal service. 

XIII. Coasting trade. 

XIV. Favored-nation privilege. 

XV. Patents, trademarks, and designs. 

XVI. Treaty of 1894 superseded. 

XVII. Effect; duration. 

XVIII. Ratification. 

The President of the United States of America and His 
Majesty the Emperor of Japan, being desirous to strengthen 
the relations of amity and good understanding which happily 
exist between the two nations, and believing that the fixation 
in a manner clear and positive of the rules which are here- 
after to govern the commercial intercourse between their 
respective countries will contribute to the realization of this 
most desirable result, have resolved to conclude a Treaty of 
Commerce and Navigation for that purpose, and to that end 
have named their plenipotentiaries, that is to say: 

449 



450 RESIDENT ORIENTALS 

The President of the United States of America, Philan- 
der C. Knox, Secretary of State of the United States; and 

His Majesty the Emperor of Japan, Baron Yasuya Uchida, 
Jusammi, Grand Gordon of the Imperial Order of the Rising 
Sun, His Majesty's Ambassador Extraordinary and Plenipo- 
tentiary to the United States of America; 

Who, after having communicated to each other their re- 
spective full powers, found to be in good and due form, have 
agreed upon the following articles: 

ARTICLE I 

The citizens or subjects of each of the high contracting 
parties shall have liberty to enter, travel, and reside in the 
territories of the other to carry on trade, wholesale and retail, 
to own or lease and occupy houses, manufactories, ware- 
houses, and shops, to employ agents of their choice, to lease 
land for residential and commercial purposes, and generally 
to do anything incident to or necessary for trade upon the 
same terms as native citizens or subjects, submitting them- 
selves to the laws and regulations there established. " 

They shall not be compelled, under any pretext whatever, 
to pay any charges or taxes other or higher than those that 
are or may be paid by native citizens or subjects. 

The citizens or subjects of each of the high contracting 
parties shall receive, in the territories of the other, the most 
constant protection and security for their persons and prop- 
erty, and shall enjoy in this respect the same rights and 
privileges as are or may be granted to native citizens or 
subjects, on their submitting themselves to the conditions 
imposed upon the native citizens or subjects. 

They shall, however, be exempt in the territories of the 
other from compulsory military service either on land or sea, 
in the regular forces, or in the national guard, or in the 
militia; from all contributions imposed in lieu of personal 
service, and from all forced loans or military exactions or 
contributions. 

ARTICLE II 

The dwellings, warehouses, manufactories, and shops of 
the citizens or subjects of each of the high contracting parties 
in the territories of the other, and all premises appertaining 
thereto used for purposes of residence or commerce, shall be 
respected. It shall not be allowable to proceed to make a 
domiciliary visit to, or a search of, any such buildings and 



SELECT DOCUMENTS 451 

premises, or to examine or inspect books, papers, or accounts, 
except under the conditions and with the forms prescribed 
by the laws, ordinances, and regulations for nationals. 

ARTICLE III 

Each of the high contracting parties may appoint consuls- 
general, consuls, vice-consuls, deputy consuls, and consular 
agents in all ports, cities, and places of the other, except in 
those where it may not be convenient to recognize such 
officers. This exception, however, shall not be made in re- 
gard to one of the contracting parties without being made 
likewise in regard to all other powers. 

Such consuls-general, consuls, vice-consuls, deputy con- 
suls, and consular agents, having received exequaturs or 
other sufficient authorizations from the government of the 
country to which they are appointed, shall, on condition of 
reciprocity, have the right to exercise the functions and to 
enjoy the exemptions and immunities which are or may here- 
after be granted to the consular officers of the same rank of 
the most favored nation. The government issuing exequaturs 
or other authorizations may in its discretion cancel the same 
on communicating the reasons for which it thought proper 
to do so. 

ARTICLE IV 

There shall be between the territories of the two high 
contracting parties reciprocal freedom of commerce and 
navigation. The citizens or subjects of each of the contract- 
ing parties, equally with the citizens or subjects of the most 
favored nation, shall have liberty freely to come with their 
ships and cargoes to all places, ports, and rivers in the terri- 
tories of the other which are or may be opened to foreign 
commerce, subject always to the laws of the country to 
which they thus come. 

ARTICLE V 

The import duties on articles, the produce or manufacture 
of the territories of one of the high contracting parties, upon 
importation into the territories of the other, shall henceforth 
be regulated either by treaty between the two countries or 
by the internal legislation of each. 

Neither contracting party shall impose any other or 
higher duties or charges on the exportation of any articles 
to the territories of the other than are or may be payable 



lf>2 RESIDENT ORIENTALS 

on the exportation of the like article to any other foreign 
country. 

Nor shall any prohibition be imposed by either country 
on the importation or exportation of any article from or to 
the territories of the other which shall not equally extend to 
the like article imported from or exported to any other 
country. The last provision is not, however, applicable to 
prohibitions or restrictions maintained or imposed as sani- 
tary measures or for purposes of protecting animals and 
useful plants. 

ARTICLE VI 

The citizens or subjects of each of the high contracting 
parties shall enjoy in the territories of the other exemption 
from all transit duties and a perfect equality of treatment 
with native citizens or subjects in all that relates to ware- 
housing, bounties, facilities, and drawbacks. 

ARTICLE VII 

Limited-liability and other companies and associations, 
commercial, industrial, and financial, already or hereafter to 
be organized in accordance with the laws of either high 
contracting party and domiciled in the territories of the 
other, to exercise their rights and appear in the courts either 
as plaintiffs or defendants, subject to the laws of such other 
party. 

The foregoing stipulation has no bearing upon the ques- 
tion whether a company or association organized in one of 
the two countries will or will not be permitted to transact 
its business or industry in the other, this permission remain- 
ing always subject to the laws and regulations enacted or 
established in the respective countries or in any part thereof. 



ARTICLE VIII 






All articles which are or may be legally imported into the 
ports of either high contracting party from foreign countries 
in national vessels may likewise be imported into those ports 
in vessels of the other contracting party, without being liable 
to any other or higher duties or charges of whatever denomi- 
nation than if such articles were imported in national vessels. 
Such reciprocal equality of treatment shall take effect with- 
out distinction, whether such articles come directly from 
the place of origin or from any other foreign place. 



SELECT DOCUMENTS 453 

In the same manner, there shall be perfect equality of 
treatment in regard to exportation, so that the same export 
duties shall be paid, and the same bounties and drawbacks 
allowed, in the territories of each of the contracting parties 
on the exportation of any article which is or may be legally 
exported therefrom, whether such exportation shall take 
place in vessels of the United States or in Japanese vessels, 
and whatever may be the place of destination, whether a 
port of the other party or of any third power. 

ARTICLE IX 

In all that regards the stationing, loading, and unloading 
of vessels in the ports of the territories of the high contract- 
ing parties, no privileges shall be granted by either party to 
national vessels which are not equally, in all cases, granted 
to the vessels of the other country; the intention of the con- 
tracting parties being that in these respects the respective 
vessels shall be treated on the footing of perfect equality. 

article x 

Merchant vessels navigating under the flag of the United 
States or that of Japan and carrying the papers required by 
their national laws to prove their nationality shall in Japan 
and in the United States he deemed to be vessels of the United 
States or of Japan respectively. 

ARTICLE XI 

No duties of tonnage, harbor, pilotage, lighthouse, quaran- 
tine, or other similar or corresponding duties of whatever 
denomination, levied in the name of or for the profit of 
government, public functionaries, private individuals, cor- 
porations, or establishments of any kind shall be imposed in 
the ports of the territories of either country upon the vessels 
of the other, which shall not equally, under the same con- 
ditions, be imposed on national vessels in general, or on 
vessels of the most favored nation. Such equality of treat- 
ment shall apply reciprocally to the respective vessels from 
whatever place they may arrive and whatever may be their 
place of destination. 

ARTICLE XII 

Vessels charged with the performance of regular sched- 
uled postal service of one of the high contracting parties, 









154 RESIDENT ORIENTALS 

whether belonging to the state or subsidized by it for the pur- 
pose, shall enjoy, in the ports of the territories of the other, 
the same facilities, privileges, and immunities as are granted 
to like vessels of the most favored nation. 

ARTICLE XIII 

The coasting trade of the high contracting parties is 
excepted from the provisions of the present treaty and shall 
be regulated according to the laws of the United States and 
Japan, respectively. It is, however, understood that the citi- 
zens or subjects of either contracting party shall enjoy in 
this respect most-favored-nation treatment in the territories 
of the other. 

A vessel of one of the contracting parties, laden in a for- 
eign country with cargo destined for two or more ports of 
entry in the territories of the other, may discharge a portion 
of her cargo at one of the said ports, and, continuing her 
voyage to the other port or ports of destination, there dis- 
charge the remainder of her cargo, subject always to the 
laws, tariffs, and customs regulations of the country of desti- 
nation; and, in like manner and under the same reservations, 
the vessels of one of the contracting parties shall be per- 
mitted to load at several ports of the other for the same 
outward voyages. 

ARTICLE XIV 

Except as otherwise expressly provided in this treaty, the 
high contracting parties agree that, in all that concerns com* 
merce and navigation, any privilege, favor, or immunity 
which either contracting party has actually granted, or may 
hereafter grant, to the citizens or subjects of any other state 
shall be extended to the citizens or subjects of the other 
contracting party gratuitously, if the concession in favor of 
that other state shall have been gratuitous, and on the same 
or equivalent conditions, if the concession shall have been 
conditional. 

ARTICLE xv 

The citizens or subjects of each of the high contracting 
parties shall enjoy in the territories of the other the same 
protection as native citizens or subjects in regard to patents, 
trademarks, and designs, upon fulfilment of the formalities 
prescribed by law. 



SELECT DOCUMENTS 455 



ARTICLE XVI 

The present treaty shall, from the date on which it enters 
into operation, supersede the Treaty of Commerce and Navi- 
gation dated the twenty-second day of November, 1894; and 
from the same date the last-named treaty shall cease to be 
binding. 

ARTICLE XVII 

The present treaty shall enter into operation on the seven- 
teenth of July, 1911, and shall remain in force twelve 
years or until the expiration of six months from the date on 
which either of the contracting parties shall have given 
notice to the other of its intention to terminate the treaty. 

In case neither of the contracting parties shall have given 
notice to the other six months before the expiration of the 
said period of twelve years of its intention to terminate the 
treaty, it shall continue operative until the expiration of six 
months from the date on which either party shall have given 
such notice. 

ARTICLE XVIII 

The present treaty shall be ratified and the ratifications 
thereof shall be exchanged at Tokyo as soon as possible and 
not later than three months from the present date. 

In witness whereof, the respective plenipotentiaries have 
signed this treaty in duplicate and have Hereunto affixed 
their seals. 

Done at Washington the twenty-first day of February, in 
the nineteen hundred and eleventh year of the Christian era, 
corresponding to the twenty-first day of the second month 
of the forty-fourth year of Meiji. 

(Seal) Philander C. Knox 
(Seal) Y. Uchida 

And whereas, the advice and consent of the Senate of the 
United States to the ratification of the said treaty was given, 
with the understanding "that the treaty shall not be deemed 
to repeal or affect any of the provisions of the act of Con- 
gress entitled 'An act to regulate the immigration of aliens 
into the United States,' approved February 20, 1907"; 

And whereas, the said understanding has been accepted 
by the government of Japan; 



156 RESIDENT ORIENTALS 

And whereas, the said treaty, as amended by the Senate 
of the United States, has been duly ratified on both parts, and 
the ratifications of the two governments were exchanged in 
the City of Tokyo on the fourth day of April, one thousand 
nine hundred and eleven; 

Now, therefore, be it known that I, William Howard Taft, 
President of the United States of America, have caused the 
said treaty, as amended, and the said understanding to be 
made public, to the end that the same and every article and 
clause thereof may be observed and fulfilled with good faith 
by the United States and the citizens thereof. 

In witness whereof, I have hereunto set my hand and 
caused the seal of the United States to be affixed. 

Done at the City of Washington this fifth day of April in 
the year of our Lord one thousand nine hundred and eleven, 
and of the Independence of the United States of America the 
one hundred and thirty-fifth. 

(Seal) Wm. H. Taft 

By the President: 
P. C. Knox, 

Secretary of State 

DECLARATION 

In proceeding this day to the signature of the Treaty of 
Commerce and Navigation between Japan and the United 
States the undersigned, Japanese ambassador in Washington, 
duly authorized by his government, has the honor to declare 
that the Imperial Japanese Government are fully prepared to 
maintain with equal effectiveness the limitation and control 
which they have for the past three years exercised in regula- 
tion of the emigration of laborers to the United States. 

Y. Uchida 
February 21, 1911 

By the President of the United States of America 

A PROCLAMATION 

Whereas a protocol of a provisional tariff arrangement 
betw r een the United States of America and the Empire of 
Japan was concluded and signed by their respective pleni- 
potentiaries at Washington, on the twenty-first day of Febru- 
ary, one thousand nine hundred and eleven, the original of 
which protocol, being in the English language, is, as amended 
by the Senate of the United States, word for word as follows: 






SELECT DOCUMENTS 457 

PROTOCOL 

The government of the United States of America and the 
government of Japan have, through their respective pleni- 
potentiaries, agreed upon the following stipulation in regard 
to Article V of the Treaty of Commerce and Navigation be- 
tween the United States and Japan signed this day to replace 
on the seventeenth of July, 1911, the treaty of the twenty- 
second of November, 1894: 

Pending the conclusion of a treaty relating to tariff, the 
provisions relating to tariff in the treaty of the twenty-second 
of November, 1894, shall be maintained. 

In witness whereof, the respective plenipotentiaries have 
signed this protocol in duplicate and have hereunto affixed 
their seals. 

Done at Washington the twenty-first day of February, in 
the nineteen hundred and eleventh year of the Christian Era, 
corresponding to the twenty-first day of the second month of 
the forty-fourth year of Meiji. 

(Seal) Philander C. Knox 
(Seal) Y. Uchida 

And whereas, the said protocol, as amended by the Senate 
of the United States, has been duly ratified on both parts, 
and the ratification of the two governments were exchanged 
in the City of Tokyo, on the fourth day of April, one thousand 
nine hundred eleven; 

Now, therefore, be it known that I, William Howard Taft, 
President of the United States of America, have caused the 
said protocol to be made public, to the end that the same and 
every article and clause thereof, as amended, may be ob- 
served and fulfilled with good faith by the United States and 
the citizens thereof. 

In testimony whereof, I have hereunto set my hand and 
caused the seal of the United States to be affixed. 

Done at the City of Washington this fifth day of April in 
the year of our Lord one thousand nine hundred and eleven, 
and of the Independence of the United States of America the 
one hundred and thirty-fifth. 

(Seal) Wm. Howard Taft 

By the President : 
P. C. Knox, 

Secretary of State 



SELECT DOCUMENT G 

A SURVEY OF THE JAPANESE QUESTION IN 

CALIFORNIA 1 

By J. Soyeda and T. Kamiya 

("Without waiting for the success or failure of diplomacy, 
three men eminent in national affairs were dispatched to the 
United States by different political parties, in order to study the 
tacts on the ground, hear both sides, counsel their fellow country- 
men in California, and provide a solid basis of knowledge for the 
whole people. 

"Hon. A. Hattori, of the Kokuminto [National party], and a 
member of the Diet; Mr. J. Soyeda, of the Nichibei Doshikai 
[Japan-America One-Aim Society], and Hon. S. Ebara, of the 
Seiyukai [Constitutional Society] and life-member by Imperial 
appointment of the House of Peers, were selected by their re- 
spective parties for this duty. The choices are significant. Mr. 
Hattori was at one time a Presbyterian pastor in San Francisco. 
For the better proclamation of the gospel, he entered politics and 
has become a powerful political force. Mr. Soyeda is one of 
Japan's leading bankers, and was formerly a vice-minister of 
finance.") 2 

CHAPTER I. GENERAL SURVEY 

Since Commodore Perry knocked at the door of Japan in 
1852 and advised her to enter into international intercourse, 
she has been faithfully following in the footsteps of America. 
In return, Japan has been favored with many acts of kind- 
ness by her neighbor on the other side of the Pacific. 

Japan improved her educational, her banking, and cur- 
rency systems, and carried out many other changes in her 
institutions following the example of the great Republic She 
also sent many of her young men to be educated in American 
universities. 

The refunding of the Shimonoseki indemnity, the good- 
will shown at the time of the treaty revision, and the services 
rendered during the Portsmouth negotiations have drawn 
Japan still closer to the United States of America, whose 
name has always been associated with justice, kindness, and 
humanity. 

i Pamphlet by J. Soyeda and T. Kamiya, A Survey of the 
Japanese Question in California (San Francisco, 1913), pp. 1—16. 

2 Sidney L. Gulick, The American- Japanese Problem, pp. 104- 
105. 

458 



SELECT DOCUMENTS 459 

Therefore, when the report of the Alien Land Law having 
been passed reached Japan, the spirit of which was discrimi- 
natory against the Japanese no matter what the pretensions 
in appearance may have been, the whole nation was at a 
loss to understand how things had taken such a turn. To 
say nothing of the great consternation created on the Pacific 
Coast among the Japanese, the people in Japan were much 
upset and could not help showing the deepest sympathy for 
their countrymen across the ocean. Political parties and 
Chambers of Commerce sent out men to express their sym- 
pathy to the sufferers, and to place the subject directly be- 
fore the American people, hoping thus possibly to facilitate 
the negotiations between the two governments. 

Looking a little farther back, after the exclusion of the 
Chinese, there was a time when the Japanese were wel- 
comed on the Pacific Coast; but since about 1900, and espe- 
cially since that unhappy attempt at segregating the Japanese 
school children, the tide has turned. The bar placed before 
the Japanese coming from the Sandwich Islands, and the 
absolute prohibition, although initiated and voluntarily 
adopted by Japan, of fresh immigration of laborers from 
Japan by what is known as the "Gentleman's Agreement ,, of 
1907, were the most revolutionary results of the change. 

In Japan, the nation took this "agreement" as unsatisfac- 
tory but unavoidable for' the time being and has ever since 
looked for better days when not only her "face" would be 
saved but when her people would be admitted into this 
republic as equal fellow-beings. And on the American side, 
too, the classes representing other than a certain element of 
the laboring men, such as fair-minded, conservative land- 
owners and capitalists, greatly regretted this, partly for the 
reason that it was not fair or just, and more especially for 
reasons of economic importance. 

Meanwhile, gradual changes have been taking place in 
the status of the Japanese in America: some of them have 
bought a few lots of land with what they have saved; others 
who worked before on the railroads became tillers of the 
soil; and others who from their savings as house boys, etc., 
have started stores and shops of various kinds. Such changes, 
of course, were the reverse of conditions existing before, and 
were contrary to the narrow but prevailing sentiment con- 
cerning the subjection of the colored race in general. 

Unseen, but none the less steadily, changes have been 
going on also with the American people. Politically, by 



160 RESIDENT ORIENTALS 

abuse of democracy; economically, by the pre-eminence of 
labor; and socially, by the gradual change of the American 
clement and sentiment, her public opinion and state policy 
occasionally deviated from what they used to be. 

Between the years 1907 and 1910, on many occasions 
various bills discriminating against the Japanese have made 
their appearance in the legislature of California. However, 
by the ultimate prevalence of moderation and fairness, espe- 
cially by the prompt action of the federal and state govern- 
ments, these have been kept from actually coming into force. 
Early in 1913, by the change in the United States govern- 
ment, by the activity of the labor unions in California, and 
by other political influences, the Alien Land Law and a 
score of others of an anti-Japanese nature were brought be- 
fore the legislature of the state of California. Affairs became 
so serious that the Secretary of State, Mr. Bryan, himself 
came over to Sacramento and did his best to stem the tide. 
Unfortunately, his efforts did not bear fruit as hoped, and, 
although other bills did not go through, the Alien Land Law 
was passed and signed by Governor Johnson on the nine- 
teenth of May. 

The Japanese government made protests in May, June, and 
July, on the ground that the law was against the treaty and 
violated the sense of justice. After a great deal of delay 
and consideration a reply was handed to the Japanese Am- 
bassador toward the end of July by the United States govern- 
ment, which, although kept in strict secrecy, was reported 
to be a most comprehensive one and couched in courteous 
terms. 

Laying great hope and trust in the justice and fairness of 
the United States government, the Japanese in America, as 
well as at home, were keeping themselves in order and 
patience all this while. It would, therefore, be a rather diffi- 
cult task for the Japanese government to calm down popular 
resentment if they could not settle the matter satisfactorily, 
and it is reported that another note will be sent in reply to 
the last American communication. 



CHAPTER II. CONTENTIONS BROUGHT FORWARD 

There are many reasons raised for the exclusion of the 
Japanese, but the chief ones may be summarized under the 
following four headings: (1) Political, (2) Economical, (3) 
Social, (4) Racial. 



SELECT DOCUMENTS 461 

1. The political contentions: 

a) The Democratic party coming into power, changes 
came in the way of dealing with the subject, because it had 
been laying great stress on individual state rights. The 
progressives in California turned a deaf ear to the words of 
the President, and Mr. Bryan's personal persuasion was of 
little avail, except that the wording of the Alien Land Bill 
was made more diplomatic and the clause allowing three 
years' lease was inserted at the request of the agricultural 
community of California. The bill being signed by the Gov- 
ernor, it fell to the United States government to decide, and 
it w r as placed in a very difficult position. Again it seems to 
have placed the final settlement on the shoulders of the court. 
It is much to be regretted that a question of such interna- 
tional importance should be made a subject of party politics, 
and not be settled before it became so serious. 

b) Labor unions in San Francisco were ever active in 
working against the Japanese, and so as not to lose their 
favor, politicians in California had to support the bill, with 
the exception of a few, such as the Senator from San Diego, 
who stood for justice and fought so bravely to the end. If 
the Japanese had had the power of voting, things might have 
been different, so that their helpless situation is much to be 
pitied. , , 

c) Some believe that democray must be a homojigeneous 
body, so that the foreign element — such as the Japanese — 
must be excluded. But if we turn our eyes to the already 
existing heterogeneous condition of the American popula- 
tion, composed of negroes, Latins, Slavs, Jews, and what not, 
the argument falls to the ground. America is strong enough 
to assimilate different races; and the essential feature of a 
democracy being equality, it is against its nature to be ex- 
clusive or partial. 

d) It is much to be regretted that fears, quite unfounded, 
have been entertained- — especially since the late war — in 
contrast to the sympathy shown Japan before and during her 
life and death struggle. To say that Japan is a warlike nation 
is absurd. What other nation enjoyed peace for so long a 
time as she? If she was forced to go into war, it was solely 
for her self-preservation and for the Far Eastern peace. If 
she had not stood up or had not been successful in the late 
war, what would have been her own fate, as well as that of 
China? The history of the world would have been quite 
different. It is often said that the Japanese are too patriotic 



K)2 RESIDENT ORIENTALS 

and loyal, but it is not a mere blind patriotism, being 
founded on the obedience to authority, law, and the state. 
If the Japanese were admitted to take part in the American 
body politic they would make the best of citizens. It has 
been officially shown that the Japanese in California are the 
most law-abiding of all immigrants. Yet all sorts of criti- 
cisms are piled up on them and groundless fears are aroused 
because of the selfish purposes of mischief-makers and of 
those who reap benefits, either directly or indirectly, through 
the creation of sensations and preparations for war. 

2. The economic contention: 

a) As the population of the United States is now of con- 
siderable size, and as there are undesirable elements coining 
in from all quarters of the world, the time has come for her 
to place restriction on immigration. This contention has 
much weight when we consider that people of extreme 
socialistic ideas and anarchistic inclinations might some day 
be a cause of danger to the Republic. But the restriction 
should be placed equally and fairly on all, without any dis- 
crimination of race or nationality. It is the unfair discrimi- 
nation that is most resented by the Japanese nation. 

b) Natural resources must be preserved for posterity. 
Therefore, to let the Japanese buy up all the best land would 
be a disaster. It is true that resources must not be wasted, 
but the Japanese w r ho buy a few thousands out of hundreds 
of millions of acres and increase the resources of the coun- 
try, should not be discouraged, especially by such a big 
country as America, having such an extent of land lying idle. 

c) Some arguments, based on the superiority of the 
Japanese as to their hard work, their special skill in raising 
fruit and vegetables, their extra exertion in case of urgency, 
etc., seem to give rise to the fear that those who compete 
with them must surely fail. But this is an exaggeration of 
facts, for the lines along which the Japanese are making 
their success are quite different from those in which the 
Americans are working. They are not competing but doing 
something for the mutual benefit of both nationalities. 

d) Then comes the fear of absenteeism being encouraged 
if the land is entrusted to Japanese hands, the landlords all 
going eastward to New York or Europe to enjoy their time. 
This, also, is an exaggeration of actual facts, for even if the 
Japanese be excluded, so long as there are other people who 
would lease the land, the same thing would occur, if it ever 
does occur. 



SELECT DOCUMENTS 463 

e) Arguments such as that the Japanese are satisfied with 
lower wages or that the land would deteriorate if Japanese 
come into a district are quite contrary to the actual state of 
things. Japanese get the same wages as Americans, if not 
higher. They are paying higher rent and are going in 
steadily for improvements on the land, and thus have 
increased the price of the land in many localities. Another 
statement that the Japanese use their own goods and send 
their money back home is refuted by the very fact that they 
buy the land and make so many investments in America. 
Granting that they send back a part of their savings, the 
amount is insignificant compared with that sent home by 
immigrants of many European countries. In any case, the 
best fruits of the labor of immigrants remain permanent 
assets of America; what little they send back to Europe or 
Japan is, in a broad economic sense, an insignificant part 
thereof. 

3. The social contention: 

a) It is said that the standard of life of the Japanese is 
too low, and it has a lowering effect on that of the Ameri- 
cans. Beginning as wage-earners on the lowest steps of the 
social ladder, the Japanese had to be frugal and liver simply; 
but they, too, know well enough how to enjoy comforts and 
luxuries if they can afford them, and there are already many 
who live more luxuriously than some other immigrants. 

b) Then it is said that the status of the Japanese women 
is very low and that they are used for heavy work. It is to be 
here remembered that the Japanese woman's sphere lies in 
the home; while they do not take part in social activities, yet 
in their homes they hold as important positions as their 
American sisters. Moreover, changes are taking place in this 
respect and the Western ideas are fast getting a hold. 

c) The Japanese are said to be immoral, going in for 
gambling and other vices. This may be true in a few cases, 
but these evils are not the monopoly of the Japanese. Vigor- 
ous measures are being taken by the Japanese themselves to 
remedy all such social evils, and results have already shown 
themselves in many localities. No human being is free from 
faults and shortcomings, and if the Japanese are frankly told 
of their faults, they are most grateful and ready to rectify 
them. 

d) Then the Japanese, it is claimed, have no religion and 
are apt to break faith. To this it can be replied in the same 
way as above. Here it might be well to mention that there 



464 RESIDENT ORIENTALS 

are a great many Christians among the Japanese population 
in America. 

4. Contention of race: 

a) The most common contention is based on the non- 
assimilation theory, and the supporters of this theory declare 
that true assimilation cannot be effected except by inter- 
marriage. But if thought and sentiment agree, different races 
can assimilate. Supposing intermarriage is absolutely neces- 
sary for assimilation; there are already many cases of inter- 
marriage between the Japanese and the Americans; and 
there would be many more if it were not for the artificial 
and unjust restrictions placed by law and usage. In truth, 
the Japanese are most assimilative, and their whole history 
is that of assimilation of different ideas and civilizations. It 
is an admitted fact that Japan has gone far to assimilate the 
civilization of the East with that of the West, and her ex- 
ample is being followed by other nations in the Orient. If 
anybody entertains doubts on this point, it would be well for 
him to have just a look at the Japanese children born in the 
United States. They are Americans in every respect except 
color. Before passing judgment as to the assimilability of 
any race we must allow at least a generation. 

b) It is said, "the United States has had too much of the 
racial question, especially in the solution of the negro prob- 
lem. Moreover, the negro has nothing behind him, unlike 
the Japanese, who are backed by a strong government and 
nation." To this let it be repeated that the power of assimila- 
tion of the United States is strong enough to solve any race 
question; and surely the country that even fought for the 
negroes cannot deny the admission of the Japanese on mere 
racial grounds. 

c) Some say that the United States has already too many 
people from Europe, and that after the Panama Canal is 
opened in 1915, the country may be overflooded with Euro- 
pean immigrants. This may be true, but this cannot be given 
as a reason for placing restrictions upon and excluding the 
Japanese who are already in the States, unless it is proved 
that the Japanese are far more undesirable than other immi- 
grants, which is unwaranted by actual facts. Is it a wise and 
patriotic policy to exclude the intelligent, orderly, and loyal 
elements and welcome those who are ignorant, idle, and 
anarchistic? It must also be remembered that unlimited 
natural resources and a boundless tract of land in the United 
States afford ample room for a great number of people, and 



SELECT DOCUMENTS 465 

it is better for her and for the general interest of humanity 
that her resources be opened and utilized. 

d) It is admitted that the Japanese are not inferior, but 
are different, and it is deemed better to avoid intermingling, 
and if they intermingle they must become thoroughly Ameri- 
canized. To keep the different races apart is an impossibility 
in this day of rapid and easy communication. Of course, no 
objection can be raised to the placing of strict tests for 
admission, provided they are not discriminatory. 

CHAPTER III. THE SOLUTION 

1. There must be a better understanding of the question 
by the United States. Even the people in California do not 
view the matter in a true and comprehensive manner, and 
therefore it is no wonder the people in the Middle West and 
Eastern States, being far away and less directly concerned, 
are still less informed, although they may entertain a better 
feeling toward the Japanese in general. It is natural that the 
general American public should believe more readily in what 
their own people say than what is told by foreigners, and 
here is the danger of mistaken ideas and distorted facts 
influencing the minds of the people in general. 

Therefore, it is of the utmost importance that the press 
and the public opinion of the West should be supplied with 
true and honest facts, so as to avoid misrepresentation being 
spread out to the other states. The people, being the leading 
power and each state having constitutional autonomy, the 
public opinion in general, and especially in California, must 
be well guided, in order to save the East from falling into 
errors and to facilitate the actions of the federal government 
in matters of international relations. The easiest way to 
solve the question would be that of naturalization, although 
this suggestion had better come from the American side and 
with necessary safeguards. As regards other questions con- 
stitutionally entrusted to the federal government, such as the 
due modification or perfection of treaties and conventions, 
there is no room for doubt that the United States govern- 
ment will do its utmost to settle the matter with honor and 
satisfaction to both countries. 

2. There are many things to be done by the Japanese 
government, and no doubt it has been doing its best to pro- 
tect its people and to guard the national honor. If the 
repeated protests which were based on justice and fairness 
could pave the way to the revision or amendment of the 



H)6 RESIDENT ORIENTALS 

treaty between the two countries or of the federal and state 
laws, so as to remove all causes of doubt, if any, as to the 
entire equality of the rights of both peoples, it would surely 
give inexpressible satisfaction and boundless gratitude to 
the Japanese government and its people. The popular feeling 
in Japan being so strong and unanimous as regards the Cali- 
fornia question, the Japanese government would be placed in 
a very delicate and difficult position unless some way be 
found to relieve the situation. 

Some even attack the Japanese government, saying that 
in the endeavor to carry out the Gentleman's Agreement in a 
faithful manner, it has been unduly strict, and they believe 
that a relaxation of the enforcement can be made without 
breaking faith with the United States government. It must 
be admitted that the sending out of families is most neces- 
sary for the formation of home life, and w r ill help much to 
improve the condition of the Japanese in America as regards 
their daily living and mental sobriety. Then it may be ad- 
visable that the Japanese laws, such as the Alien Land Own- 
ership Law, the Law of Domicile, etc., be amended on 
broader lines, although no law in Japan is in any way dis- 
criminatory. At the same time it is necessary that more 
supervision and discretion be exercised over people going 
abroad; and to go still farther to the foundation, the system 
of popular education itself should be improved, with the 
view that the people may be freed from difficulties and 
obstacles after they have gone abroad. Emigration of people 
to other places than the United States must also be investi- 
gated; and if by commercial and industrial progress more 
people could be kept at home, as was so successfully accom- 
plished by Germany, an ideal state of things would be 
reached. 

3. The two governments of the United States and Japan 
we know, of course, are on the best terms of friendship and 
good will; but to leave this question unsolved and let it 
appear from time to time to supply material for the yellow 
press and petty politicians in both countries to play with is 
a matter beset with great danger. For the lasting interest of 
both countries such a thing must be avoided by all means. 
If the two governments cannot come to an agreement, it may 
be advisable to submit it to arbitration. At any rate it is 
absolutely necessary that the question be settled once and 
for all at the earliest possible moment. 

4. There is much to be done by the Japanese themselves, 
both in America and at home. In the first place those who 



SELECT DOCUMENTS 467 

are already in the States must strive more and more for 
assimilation with the people and observance of the laws and 
customs of the land. They must work strenuously to remedy 
their faults, and do nothing to startle or irritate the people 
with whom they are living. Nothing must be done which 
would furnish material for attack, but any criticism, if well 
founded and reasonable, must be welcomed. In case they 
have any grievances or infringements of their rights con- 
cerning ownership of land, leases, or naturalization, they 
are constitutionally justified in appealing to a judicature. 
If they are at any time denied equal social treatment, without 
any tangible ground, they are entitled to seek redress; but if 
there be any justifiable ground they must rectify their con- 
duct. Self-help is, after all, the best help. 

Whatever happens, the children born in the States must 
be carefully looked after, so that their future may be assured 
and they become good citizens of the great Republic. We 
must not only think broadly, but look far into the distant 
future. 

To return to the question at hand: a part of the unneces- 
sary expenses incurred by the Japanese for clothes and food 
might far better be used for the betterment of their dwellings 
and sanitation. Their living in segregation or near the 
Chinese, and frequenting Chinese gambling-houses must be 
stopped, while more church-going and rest on Sundays 
should be encouraged. Noisy Buddhistic rituals, playing of 
Samisens, keeping of tea-houses which arouse opposition and 
afford room for criticism, might better be avoided. Studying 
the language, customs, and manners of the Americans, and 
closer intercourse, especially among the women and chil- 
dren, will go far toward bringing about a better understand- 
ing. A better use of savings could be made by means of 
credit associations, and opening public halls and libraries 
for the common benefit will do much toward mental and 
moral improvement. Every effort must be made to cast oft* 
the old undesirable customs and to adapt themselves to the 
new environment, so far as it is required by decency and 
courtesy. 

Secondly, the people in Japan itself ought to go more 
thoroughly into the real aspect of things, not forgetting that 
a question of this kind requires a great deal of patience and 
careful consideration. To move a country which is really 
governed by the people, the movement must come from the 
people rather than the government and so long as the people 
of the two countries understand, respect, and trust each 



468 RESIDENT ORIENTALS 

other, the^e is no need of being pessimistic about the future. 
5. We are told that this matter is only a question of time 
and nothing very deep rooted. Other immigrants were dis- 
liked in the same way and even now some races are socially 
excluded. As time goes on, all will be well and it is better 
to wait and be patient. If we can believe this, and nothing 
intervenes, well and good. However, we must do whatever 
we can to hasten such a time by means of "campaigns of 
education" along permanent and broad lines with the aim 
to enlighten public opinion not only in the two countries 
concerned but all the world over, paying special attention 
to the amelioration of conditions for the Japanese abroad. 

CHAPTER IV. MISSION OF AMERICA AND JAPAN 

Although there is some talk of war among irresponsible 
persons in both countries, yet a question of this nature can- 
not be settled by fighting, as no trace of enmity must be left 
after the permanent and fundamental solution of such a 
question. Moreover, there are other points not to be over- 
looked, to say nothing of the American-Japanese commerce 
which is already so large and will be sure to increase as time 
goes on. There are still higher and greater problems for the 
two countries. Peace on the Pacific, the bringing together of 
the East and the West, and the harmony between different 
races, such are the important questions that lie before them. 
Historically, constitutionally, and geographically, the United 
States is in a position to take the lead in the noble w r ork of 
guarding the peace of the world and of bringing together the 
different races, which if brought into conflict might lead to 
the greatest calamity that ever fell to the lot of man. 

Japan will be glad to act in union with the United States, 
so long as the great Republic walks in the path of peace, 
justice, and humanity; and as Japan's example is followed 
by other Oriental nations, while the two countries work to- 
gether for the noble cause, the East and the West w 7 ill be 
united and kept in harmony. If the United States goes in for 
warlike preparations, like the rest of the European nations 
have, the natural advantage of her position, making her un- 
assailable from the outside, is lost to her, and the probability 
is that such preparations would some day be used for ag- 
gressive purposes. Other nations must be on the lookout for 
her and the world's peace would be in danger, and the peo- 
ple of all nations would have to groan more and more under 
heavy and destructive burdens, only to swell the pocket- 



SELECT DOCUMENTS 469 

books of the manufacturers of man-killing instruments. Is it 
not time then for the two countries to understand each other 
better, and to do away with suspicions and malicious mis- 
understandings, settling at once all small differences and 
working hand in hand. for the higher and nobler missions 
that are left to their united efforts? It may also be well that 
the two countries enter into some union on a broader basis 
for the assurance of peace and the furtherance of civiliza- 
tion, thereby wiping out all local and temporary differences. 

CHAPTER V. LESSONS OBTAINED 

1. Japan, which was once petted like a child by the 
American people, is now unduly feared and even disliked by 
some as she grow r s up. But by the deeper study and better 
understanding of Japan, which was necessitated by the Cali- 
fornia question, the American public will know more of her 
neighbor, and it lies w r ith America to judge who of all na- 
tions of the world is her best friend. The nation must be 
awakened to the serious consequences if the matter is not 
promptly and satisfactorily settled by the higher sense of 
fairness and a square deal. It is feared by some that Japan, 
pushing forward commercially, especially in China, might 
compete with the United States. This argument is unfounded, 
because there are vast fields and ample room for all in the 
Eastern markets, and in many cases Japan can be a co- 
operator and not a competitor of America. Moreover, com- 
merce is not the only thing we must look to, for nations 
calling themselves civilized or advanced, must be guided by 
something still broader, higher, and nobler. 

2. As to Japan herself, she must have found out that the 
problem of emigration of her people was too much disre- 
garded until now. More care and attention must be paid to 
the general education and training of her people while at 
home, fitting them to lead successful and happy lives when 
they go abroad. In order to keep the gates opened for 
Japanese immigrants abroad, they must be well equipped 
physically and morally. 

3. It is a matter of congratulation that the Japanese in 
America are now 7 thoroughly awakened to the need of their 
own improvement in all directions, and it is to be com- 
mended that they have kept order perfectly, laying full trust 
in the two governments so far. Such acts as the repulsion of 
the Koreans at Hemmet might easily have called forth retalia- 
tion if it were not for the strong self-control exercised by the 



170 RESIDENT ORIENTALS 

Japanese. However, there is a limit to patience and fore- 
bearance. The position of the Japanese on the Pacific Coast, 
therefore, is worthy of sympathy and praise. To sum up, if 
this unhappy event creates a better understanding of the 
Japanese among the people of the great Republic, and if by 
it the people in Japan and the States strive more for better 
living and thinking, good will come from evil and the wrong 
will be righted to the mutual benefit of the two countries and 
their people. 

CHAPTER VI. FUTURE FORECAST 

If, contrary to her traditional faithfulness to justice and 
humanity, contrary to the high and noble principles laid 
down by her illustrious forefathers, and, above all, contrary 
to the teaching of the Christian faith, the great republic of 
the United States of America is going in for militant imper- 
ialism, and some of her statesmen are looking forward to 
worldly ambitions and territorial aggrandizement, and are 
even ready to kindle the fire of race-hatred and w r orld-wide 
consternation, then what would be the disappointment of 
her trusting friend on the other side of the Pacific, and with 
it that of the teeming populations of the Orient? 

Such a change in her national policy may perhaps give 
satisfaction to some powers who want to reap benefits while 
others are quarreling; but what would it mean to the peace 
of the world, to the harmony among the races, and to the 
welfare of mankind? Perchance, if such be the goal and 
aspiration of the United States of America, Japan and other 
nations of the world w r ill have to change, fundamentally, 
their ideas about her. However, let us pray that there be no 
occasion for such a fear, and may all nations be encouraged 
to walk forever in the path of peace and civilization, by the 
ultimate triumph of the true American spirit and by the 
universal prevalence of justice and humanity. 

San Francisco 
August 6, 1913 



SELECT DOCUMENT H 

A FARMER'S VIEW OF THE QUESTION 

By George Shima, President of the Japanese Association of 
America, Stockton, California, 1920 

It is a matter of profound regret that the Japanese ques- 
tion has again been pushed to the foreground. It is particu- 
larly regrettable that the question of treatment of the Japa- 
nese, which is and should be entirely local, has been badly 
affected by the unfortunate developments of Japanese rela- 
tions with China, with special reference to Shantung. 

I am a farmer, who has devoted his life to the develop- 
ment of the delta district of the Sacramento Valley, and know 
little of politics, diplomacy, or international questions. But 
it seems to me the part of wisdom and common sense to 
look upon the treatment of the local Japanese as a purely 
local matter, which should be considered quite independ- 
ently of Japanese policy in the Far East. 

We live here. We have cast our lot with California. We 
are drifting farther and farther away from the traditions 
and ideas of our native country. Our sons and daughters do 
not know them at all. Tliey do not care to know them. They 
regard America as their home. 

We have little that binds us to Japan. Our interest is here, 
and our fortune is irrevocably wedded to the state in which 
we have been privileged to toil and make a modest contri- 
bution to the development of its resources. What is more 
important, we have unconsciously adapted ourselves to the 
ideals and manners and customs of our adopted country, and 
we no longer entertain the slightest desire to return to our 
native country. 

The devotion of local Japanese to California is evidenced 
in their conduct during the war. To the third Liberty Loan, 
for instance, the Japanese in this state contributed $761,000, 
and to the fourth Liberty Loan $1,200,000. A very large per- 
centage of the Japanese in California have joined the Ameri- 
can Red Cross. In Contra Costa County, I am told, there is 
almost no Japanese family which has not joined the Red 
Cross. 

How to treat such people is a local question. It should 
not be confounded with the larger issue of Japanese immi- 

471 



472 RESIDENT ORIENTALS 






gration. It seems to me wrong and unjust to propose various 
measures, calculated to oppress and infliet hardship upon 
the loeal Japanese, for the purpose of checking Japanese im- 
migration. 

I don't like the man who puts the cart before the horse. 
[f the present immigration arrangement with Japan is not 
satisfactory, there is the right way to find a remedy, and the 
right way is not to abuse and oppress the local Japanese, 
who are neither responsible for nor in a position to control 
Japanese immigration. 

To a practical farmer, who has all his life been guided by 
horse sense and little else, it would seem that there should be 
and is a way to adjust the Japanese question without stirring 
up bad blood everywhere by unnecessary agitation. The 
Japanese in California have not lost their heads. They are 
calm and quiet, and are willing to listen to any reasonable 
proposition for readjustment. That is why I say this agi- 
tation is unnecessary. 

Just recently the board of directors of the Japanese As- 
sociation, of which I have the honor to be the president, has 
adopted a resolution urging the abolition of "picture mar- 
riage. " On December 17, the Japanese government an- 
nounced that on and after February 25, 1920, it will stop 
issuing passports to "picture brides." All this shows that 
the Japanese are always conciliatory and solicitous for 
friendly relations with America and in particular the people 
of California. 

The constant exploitation of the Japanese question makes 
it well-nigh impossible for self-respecting Japanese to live 
in California. The result, I fear, is that eventually only the 
undesirable class of Japanese, who care not a straw for self- 
respect or dignity, will remain here. Certainly this can not 
be the condition which California wishes to establish. Roth 
wisdom and justice demand that such a condition should not 
be permitted to prevail. 

We are living in an extraordinary age. It may be that we 
are standing upon the threshold of a new era. Whether we 
like the League of Nations or not, we must admit that the 
world is entering upon a new age, in which the idea of just 
and fair play is. going to be the dominant note in human 
dealings. If we do not strive and contribute a widow's mite 
to the realization of such an age, all the bloodshed and all 
the sacrifices of the late war have been in vain. 

This is a practical view of a practical farmer. 



SELECT DOCUMENT I 

■ 

CALIFORNIA LAND LEGISLATION 

(The State Legislation- consists of the Alien Land Law, 1913, 
the Initiative measure approved at the state election, 1920 and 
the Land Act of 1923.) 

CALIFORNIA ALIEN LAND LAW, 1913 

An act relating to the rights, powers and disabilities of aliens 
and of certain companies, associations, and corporations 
with respect to property in this state, providing for 
escheats in certain cases, prescribing the procedure 
therein, and repealing all acts or parts of acts inconsistent 
or in conflict herewith. 

- 

(Approved May 19, 1913) 

The people of the State of California do enact as follows: 

Section 1. — All aliens eligible to citizenship under the 
laws of the United States may acquire, possess, enjoy, trans- 
mit, and inherit real property, or any interest therein, in 
this state, in the same manner and to the same extent as 
citizens of the United States, except as otherwise provided 
by the laws of this state. 

Sec. 2. — All aliens other than those mentioned in section 
one of this act may acquire, possess, enjoy, and transfer real 
property, or any interest therein, in this state, in the manner 
and to the extent and for the purposes prescribed by any 
treaty now existing between the government of the United 
States and the nation or country of which such alien is a 
citizen or subject and not otherwise, and may in addition 
thereto lease lands in this state for agricultural purposes for 
a term not exceeding three years. 

(The paragraph above refers to the Treaty of Commerce 
and Navigation of 1911 between America and Japan.) 

Sec. 3. — Any company, association, or corporation or- 
ganized under the laws of this or any other state or nation, 
of which a majority of the members are aliens other than 
those specified in section one of this act, or in which a 
majority of the issued capital stock is owned by such aliens, 
may acquire, possess, enjoy, and convey real property, or 
any interest therein, in this state, in the manner and to the 
extent and for the purposes prescribed by any treaty now 

473 



171 RESIDENT ORIENTALS 

• 

existing between the government of the United States and 
the nation or country of which such members or stock- 
holders are citizens, or subjects, and not otherwise, and may 
in addition thereto lease lands in this state for agricultural 
purposes for a term not exceeding three years. 

Sec. 4. — Whenever it appears to the court in any probate 
proceedings that by reason of the provisions of this act any 
heir or devisee cannot take real property in this state which, 
but for said provisions, said heir or devisee would take as 
such, the court, instead of ordering a distribution of such 
real property to such heir or devisee, shall order a sale of 
said real property to be made in the manner provided by 
law r for probate sales of real property, and the proceeds of 
such sale shall be distributed to such heir or devisee in lieu 
of such real property. 

Sec. 5. — Any real property hereafter acquired in fee in 
violation of the provisions of this act by any alien mentioned 
in section two of this act, or by any company, association, or 
corporation mentioned in section three of this act, shall 
escheat to and become and remain the property of the state 
of California. The attorney-general shall institute proceed- 
ings to have the escheat of such real property adjudged and 
enforced in the manner provided by section four hundred 
seventy-four of the Political Code and title eight, part three, 
of the Code of Civil Procedure. Upon the entry of final judg- 
ment in such proceeding, the title to such real property shall 
pass to the state of California. The provisions of this section 
and of sections two and three of this act shall not apply to 
any real property hereafter acquired in the enforcement or 
in satisfaction of any lien now existing upon, or interest in 
such property, so long as such real property so acquired 
shall remain the property of the alien, company, association, 
or corporation acquiring the same in such manner. 

Sec. 6. — Any leasehold or other interest in real property 
less than the fee, hereafter acquired in violation of the pro- 
visions of this act by any alien mentioned in section two of 
this act, or by any company, association, or corporation 
mentioned in section three of this act, shall escheat to the 
state of California. The attorney-general shall institute pro- 
ceedings to have such escheat adjudged and enforced as 
provided in section five of this act. In such proceedings the 
court shall determine and adjudge the value of such lease- 
hold, or other interest in such real property, and enter 
judgment for the state for the amount thereof together with 



SELECT DOCUMENTS 475 

costs. Thereupon the court shall order a sale of real property 
covered by such leasehold, or other interest, in the manner 
provided by section 1271 of the Code of Civil Procedure. Out 
of the proceeds arising from such sale, the amount of the 
judgment rendered for the state shall be paid into the state 
treasury and the balance shall be deposited with and dis- 
tributed by the court in accordance with the interest of the 
parties therein. 

Sec. 7. — Nothing in this act shall be construed as a limita- 
tion upon the power of the state to enact laws with respect 
to the acquisition, holding, or disposal by aliens of real 
property in this state. 

Sec. 8. — All acts and parts of acts inconsistent or in con- 
flict with the provisions of this act are hereby repealed. 

LEGISLATIVE RECORD OF THE 1913 ACT 

.... Senator Curtin offered a joint resolution which set 
forth that inasmuch as the President of the United States 
had advised that the passage of any bill discriminating 
against any particular nation or nations would embarrass 
the federal government, etc., that the people of the state of 
California would defer to the President's wishes and "this 
legislature will not at this session pass the bills advised 
against." 

Immediately after Senator Curtin's resolution had been 
introduced, and, in the regular course of legislative business, 
sent to the Committee on Federal Relations, the Heney-Webb 
bill came up for passage. Senator Curtin moved that action 
on the measure be postponed until the following day. The 
Progressives opposed such action. With the San Francisco 
delegation voting for the measure it could be passed despite 
the opposition of the Curtin-Wright group. At this stage of 
the bill's passage it must be remembered, there was no pro- 
vision in the measure under which Asaitic aliens could lease 
land in California. Had the measure been passed that day as 
the Progressives had planned, and for which they were 
contending, the measure would have been sent to the As- 
sembly without provision for leasing. It is improbable that 
such a clause would have been added in the Assembly. The 
bill would have gone to the Governor without a provision to 
permit leasing of lands to Asiatic aliens. 

.... The bill passed the Senate on Friday, May 2. It 
passed the Assembly the next day. 



17() RESIDENT ORIENTALS 

It is interesting to note in this connection that Bryan had 
reached Sacramento the previous Monday, April 28. The day 
following, the bill embodying Heney's idea of basing the 
anti-alien land law on treaty provisions was practically in- 
troduced in the Senate, although officially it came as an 
amendment to the Birdsall bill. By Saturday night, it had 
passed both Houses and had been sent to the Governor for 
his signature. All this in less than six days. 

The bill reached the Assembly Saturday morning. The 
state Constitution provides that a bill, before it may become 
a law, must be read on three several days in each house. In 
eases of emergency, however, this provision, by a tw f o-thirds 
vote in the House where the measure is pending, may be 
dispensed with. 

The Assembly, by a vote of fifty-seven to five, declared 
the Heney-Webb bill to be an emergency measure, suspended 
the Constitution, read the bill the three times on one day 
instead of on three several days, and put it on its final pas- 
sage. 

But before the bill could be passed, its proponents "had to 
make the same fight for it that had been made in the Senate. 

Shearer introduced the same Joint Resolution which Cur- 
tin had offered in the Upper House, declaring it to be the 
sense of the Legislature that in deference to the President's 
wishes, alien land bills should not be enacted at the 1913 ses- 
sion. 

The debate on this resolution occupied the Assembly dur- 
ing the entire afternoon. It was finally defeated by a vote of 
twenty-one to forty-nine. This left the way clear for con- 
sideration of the bill. 

Chandler of Fresno offered an amendment which brought 
the Assembly squarely to the question whether its support 
was to be given to a bill applying to all aliens, or applying to 
Asiatics only. 

It will be remembered that, on April 15, a fortnight be- 
fore, the Assembly by a vote of sixty to fifteen, had passed an 
alien land bill applying to all aliens, except in cases of land- 
holding corporations, where it applied to those ineligible to 
citizenship only. Chandler proposed to amend the Heney- 
Webb bill by substituting for its provisions the provisions of 
the Assembly bill, which the Assembly had already passed by 
a four-to-one vote. Chandler made one important change in 
the bill, however. He made his substitute apply to corpora- 
tions as well as individuals. Under this Chandler substitute, 



SELECT DOCUMENTS 477 

no alien, Asiatic or European, as individual, or as corpora- 
tion, the majority of whose capital stock was owned by 
aliens, could hold title to the soil of California. 

Such a bill, with the exception of the provision regarding 
corporations, had already passed the Assembly by an over- 
whelming majority. The Senate Judiciary Committee, after 
weeks of consideration, had presented such a bill to the 
Senate. 

Chandler made a strong plea for his amendments. 

"You know/' he insisted, "that the policy of this Legisla- 
ture has been to pass an out-and-out Alien Land Law. You 
have turned a somersault. I want to know why. This is not 
a question of dollars and cents but of civilization. These 
amendments should be adopted." 

But the argument was advanced that a general Alien Land 
Law could not pass the Senate. The Chandler amendments, 
by a vote of twenty-six to forty-three, were defeated. 

Other amendments were offered by Inman and Shannon, 
only to be voted down by substantial majorities. 

When the final vote was taken, three members only — 
Gates, Guiberson, and Woodley— voted against the bill. 
Seventy-two voted for it. 

Governor Johnson signed the bill. 

From the beginning of the session until after the Heney- 
Webb bill had been signed suggestions were made that, in 
the event of such a measure being enacted, the referendum 
would be invoked against it. President Moore of the Panama- 
Pacific Exposition Company made this threat early in Jan- 
uary. Bryan strongly hinted that the referendum could be 
resorted to. After the bill had gone to the Governor, there 
were reports that the Asiatic Exclusion League, consistent 
with its course on former occasions, would invoke the refer- 
endum against the bill. Labor union politicians who were 
identified with the league endeavored to create opposition to 
the measure. Theodore A. Bell was identified with a similar 
movement. For some weeks, there were rumors that Bell 
would take steps to have the measure put to referendum vote. 
But Bell and the San Francisco Union Labor politicians re- 
ceived little encouragement and some criticism. The refer- 
endum was not invoked. The Heney-Webb Law remains a 
statute of the state. 1 

i Franklin J. Hichborn, Story of the Session of the California 
Legislature of 1913 (San Francisco, 1913), pp. 264-274. Footnotes 
omitted. 



178 RESIDENT ORIENTALS 

CALIFORNIA INITIATIVE MEASURE, 1920 

(This Initiative measure, whieh passed by vote of 668,483 to 
222,086, eliminated the leasing provision of the 1913 Act. For 
arguments for and against the measure, consult statements by 
McClatchy and Irish [pp. 484-487], taken from "Amendments to 
the Constitution and Proposed Statutes with Arguments Respect- 
ing the Same, to he Submitted to the Electors of the State of Cali- 
fornia at the General Election on Tuesday, November 2, 1920.") 

CALIFORNIA ALIEN LAND LAW, 1923 

Explanation of amendments to the 1920 Initiative California 
Alien Land Act adopted by the 1923 session of the legis- 
lature 

(Note. — The italicized portion of the following sections of the 
said act indicate language added to the act at the 1923 session of 
the legislature. The other language is identical with the 1920 Act, 
except as explanations are given in the body of the sections here- 
inafter enumerated.) 

Section 1. — "All aliens eligible to citizenship under the 
laws of the United States may acquire, possess, enjoy, use, 
cultivate, occupy, transfer, transmit and inherit real prop- 
erty, or any interest therein, in this state, and have, in whole 
or in part, the beneficial use thereof, in the same manner and 
to the same extent as citizens of the United States, except as 
otherwise provided by the laws of this state." 

Sec 2. — "All aliens other than those mentioned in section 
one of this act may acquire, possess, enjoy, use, cultivate, 
occupy, and transfer real property, or any interest therein, 
in this state, and have, in whole or in part, the beneficial use 
thereof, in the manner and to the extent and for the purposes 
prescribed by any treaty now existing between the govern- 
ment of the United States and the nation or country of which 
such alien is a citizen or subject, and not otherwise." 

Sec. 3. — "Any company, association, or corporation or- 
ganized under the laws of this or any other state or nation, 
of w r hich a majority of the members are aliens other than 
those specified in section one of this act, or in which a 
majority of the issued capital stock is owned by such aliens, 
may acquire, possess, enjoy, use, cultivate, occupy and trans- 
fer" ("transfer" was formerly "convey") "real property, or 
any interest therein, in this state, and have, in whole or in 
part, the beneficial use thereof, in the manner and to the 
extent and for the purposes prescribed by any treaty now 



SELECT DOCUMENTS 479 

existing between the government of the United States and 
the nation or country of which such members or stock- 
holders are citizens or subjects, and not otherwise. Here- 
after all aliens other than those specified in section one 
hereof may become members of or acquire shares of stock in 
any company, association or corporation that is or may be 
authorized to acquire, possess, enjoy, use, cultivate, occupy, 
and transfer" ("transfer" was formerly "convey") "real 
property" ("real property" was formerly "agricultural 
land"), "or any interest therein, in this state, in the manner 
and to the extent and for the purposes prescribed by any 
treaty now existing between the government of the United 
States and the nation or country of which such alien is a 
citizen or subject, and not otherwise." 

Sec. 4. — "Hereafter no alien mentioned in section two 
hereof, and no company, association, or corporation men- 
tioned in section three hereof, may be appointed guardian 
of that portion of the estate of a minor which consists of 
property which such alien" (formerly there was here in- 
serted "or which such company, association or corpora- 
tion") "is inhibited from acquiring, possessing, enjoying, 
using, cultivating, occupying, transferring, transmitting, or 
inheriting, or which such company, association, or corpora- 
tion is inhibited from acquiring, possessing, enjoying, using, 
cultivating, occupying, or transferring, by reason of the pro- 
visions of this act. The public administrator of the proper 
county, or any other competent person or corporation, may 
be appointed guardian of the estate of a minor citizen whose 
parents are ineligible to appointment under the provisions of 
this section. 

"On such notice to the guardian as the court may require, 
the superior court may remove the guardian of such an 
estate whenever it appears to the satisfaction of the court : 

"a) That the guardian has failed to file the report re- 
quired by the provisions of section five hereof; or 

"fc) That the property of the ward has not been or is 
not being administered with due regard to the primary 
interest of the ward; or 

"c) That the facts exist which would make the guardian 
ineligible to appointment in the first instance; or 

"d) That facts establishing any other legal ground for 
removal exist." 

Sec. 5. — "(a) The term 'trustee' as used in this section 
means any person, company, association, or corporation that 



MO RESIDENT ORIENTALS 

as guardian, trustee, attorney in fact, or agent, or in any 
other capacity has the title, custody, or control of property, 
or some interest therein, belonging to an alien mentioned in 
section two hereof, or to the minor child of such an alien, 
if the property is of such a character that such alien is in- 
hibited from acquiring, possessing, enjoying, using, culti- 
vating, occupying, transferring, transmitting, or inheriting it. 

"b) Annually on or before the thirty-first day of January 
every such trustee must file in the office of the secretary of 
state of California and in the office of the county clerk of 
each county in which any of the property is situated, a 
verified written report showing: 

"1. The property, real or personal, held by him or on 
behalf of such alien or minor; 

"2. A statement showing the date when each item of such 
property came into his possession or control; 

"3. An itemized account of all such expenditures, invest- 
ments, rents, issues and profits in respect to the administra- 
tion and control of such property with particular reference 
to holdings of corporate stock and leases, cropping contracts 
and other agreements in respect to land and the handling or 
sale of products thereof. 

"c) Any person, company, association, or corporation 
that violates any provision of this section is guilty of a mis- 
demeanor and shall be punished by a fine not exceeding one 
thousand dollars or by imprisonment in the county jail not 
exceeding one year, or by both such fine and imprisonment. 

"d) The provisions of this section are cumulative and are 
not intended to change the jurisdiction or the rules of prac- 
tice of courts of justice." 

Sec. 6. — Whenever it appears to the court in any probate 
proceeding that by reason of the provisions of this act any 
heir or devisee can not take real property in this state or 
membership or shares of stock in a company, association, 
or corporation, which, but for said provisions, said heir or 
devisee would take as such, the court instead of ordering a 
distribution of such property to such heir or devise shall 
order a sale of said property to be made in the manner 
provided by law for probate sales of property, and the pro- 
ceeds of such sale shall be distributed to such heir or devisee 
in lieu of such property. 

Sec. 7. — "Any real property hereafter acquired in fee in 
violation of the provisions of this act by any alien mentioned 
in section two of this act, or by any company, association, 






SELECT DOCUMENTS 481 

or corporation mentioned in section three of this act, shall 
escheat, as of the date of such acquiring, to and become and 
remain the property of the state of California. The attorney- 
general or district attorney of the proper county shall insti- 
tute proceedings to have the escheat of such real property 
adjudged and enforced in the manner provided by section 
four hundred seventy-four of the Political Code and title 
eight, part three, of the Code of Civil Procedure. Upon the 
entry of final judgment in such proceedings, the title to such 
real property shall pass to the state of California as of the 
date of such acquisition in violation of the provisions of this 
act. The provisions of this section and of sections two and 
three of this act shall not apply to any real property here- 
after acquired in the enforcement or in satisfaction of any 
lien now existing upon or interest in such property so long 
as such real property so acquired shall remain the property 
of the alien company, association, or corporation acquiring 
the same in such manner. No alien company, association, or 
corporation mentioned in section two or section three hereof 
shall hold for a longer period than two years the possession 
of any agricultural land acquired in the enforcement of or in 
satisfaction of a mortgage or other lien hereafter made or 
acquired in good faith to secure a debt." 

Sec. 8. — "Any leasehold or other interest in real property 
less than the fee, inducting cropping contracts which are 
hereby declared to constitute an interest in real property less 
than the fee, hereafter acquired in violation of the provisions 
of this act by any alien mentioned in section two of this act, 
or by any company, association, or corporation mentioned in 
section three of this act, shall escheat to the state of Cali- 
fornia, as of the date of such acquiring in violation of the 
provisions of this act. The attorney-general or district attor- 
ney of the proper county shall institute proceedings to have 
such escheat adjudged and enforced in the same manner as 
is provided in section seven of this act. In such proceedings 
the court shall determine and adjudge the value of such 
leasehold or other interest in such real property, as of the 
date of such acquisition in violation of the provisions of this 
act, and enter judgment for the state for the amount thereof 
together with costs. The said judgment so entered shall be 
considered a lien against the real property in which such 
leasehold or other interest less than the fee is so acquired in 
violation of the provisions of this act, which lien shall exist 
as of the date of such unlawful acquisition. Thereupon the 



182 RESIDENT ORIENTALS 

court shall order a sale of the real property covered by 
such leasehold, or other interest, in the manner provided by 
section one thousand two hundred seventy-one of the Code 
of Civil Procedure. Out of the proceeds arising from 
such sale, the amount of the judgment rendered for the 
state shall be paid into the state treasury and the balance 
shall be deposited with and distributed by the court in ac- 
cordance with the interest of the parties therein. Any share 
of stock or the interest of any member in a company, asso- 
ciation, or corporation hereafter acquired in violaiton of the 
provisions of section three of this act shall escheat to the 
state of California as of the date of such acquiring in vio- 
lation of the provisions of said section three of this act, and 
it is hereby declared that any such share of stock or the 
interest of any member in such a company, association, or 
corporation so acquired in violation of the provisions of sec- 
tion three of this act is an interest in real property. Such 
escheat shall be adjudged and enforced in the same manner 
as is provided in this section for the escheat of a leasehold 
or other interest in real property less than the fee. ,, ' 

Sec. 9. — "Every transfer of real property, or of an interest 
therein, though colorable in form, shall be void as to the state 
and the interest thereby conveyed or sought to be conveyed 
shall escheat to the state as of the date of such transfer. If 
the property interest involved is of such a character that an 
alien mentioned in section two hereof is inhibited from 
acquiring, possessing, enjoying, using, cultivating, occupying, 
transferring, transmitting, or inheriting it, and if the con- 
veyance is made w T ith intent to prevent, evade, or avoid 
escheat as provided for herein, "A prima facie presumption 
that the conveyance is made with such intent shall arise upon 
proof of any of the following groups of facts : 

"a) The taking of the property in the name of a person 
other than the persons mentioned in section two hereof if 
the consideration is paid or agreed or understood to be paid 
by an alien mentioned in section two hereof; 

"b) The taking of the property in the name of a company, 
association, or corporation if the memberships or shares of 
stock therein held by aliens mentioned in section two hereof, 
together w r ith the memberships or shares of stock held by 
others but paid for or agreed or understood to be paid for 
by such aliens, would amount to a majority of the member- 
ships or issued capital stock of such company, association, 
or corporation; 



SELECT DOCUMENTS 483 

"c) The execution of a mortgage in favor of an alien 
mentioned in section two hereof if such mortgagee is given 
possession, control, or management of the property. 

The enumeration in this section of certain presumptions 
shall not be so construed as to preclude other presumptions 
of inferences that reasonably may be made as to the existence 
of intent to prevent, evade, or avoid escheat as provided for 
herein. " 

Sec. 10. — "If two or more persons conspire to violate any 
of the provisions of this act" (this language formerly was 
"effect a transfer of real property, or of an interest therein, 
in violation of the provisions hereof) "they are punishable 
by imprisonment in the county jail or state penitentiary not 
exceeding two years or by a fine not exceeding five thousand 
dollars, or both." 

Sec. II. — "Nothing in this act shall be construed as a limi- 
tation upon the power of the state to enact laws with respect 
to the acquisition, possession, enjoyment, use, cultivation, 
occupation, transferring, transmitting, or inheriting" (this 
language formerly was "holding or disposal") "by aliens of 
real property in this state." 

Sec. 12. — "All acts and parts of acts inconsistent or in 
conflict with the provisions hereof are hereby repealed; 
provided, that 

"a) This act shall not* affect pending actions or proceed- 
ings, but the same may be prosecuted and defended with the 
same effect as if this act had not been adopted; 

"b) No cause of action arising under any law of this 
state shall be affected by reason of the adoption of this act 
whether an action or proceeding has been instituted thereon 
at the time of the taking effect of this act or not and actions 
may be brought upon such causes in the same manner, under 
the same terms and conditions, and with the same effect as 
if this act had not been adopted; 

"c) This act, in so far as it does not add to, take from, 
or alter an existing law, shall be construed as a continuation 
thereof." 

Sec. 13. — "The legislature may amend this act in further- 
ance of its purpose and to facilitate its operation." 

Sec 14. — "If any section, subsection, sentence, clause, 
or phrase of this act is for any reason held to be unconsti- 
tutional, such decision shall not affect the validity of the 
remaining portions of this action. The people hereby declare 
that they would have passed this act, and each section, sub- 



1S4 RESIDENT ORIENTALS 

section, sentence, clause, and phrase thereof, irrespective of 
the fact that any one or more other sections, subsections, 
sentences, clauses, or phrases be declared unconstitutional." 

ARGUMENT IN FAVOR OF PROPOSED ALIEN LAND LAW 

Opponents of this initiative measure must assume that 
California is bound for some reason to give to Japanese in 
the state, to our ultimate undoing, privileges not contem- 
plated by the treaty with Japan, and such as have always 
been denied to Americans in Japan. 

Through the measure California seeks, as is her inherent 
right, to preserve her lands for Americans, precisely as Japan 
preserves her lands for the Japanese. Its primary purpose is 
to prohibit Orientals who cannot become American citizens 
from controlling our rich agricultural lands. 

By what right does Japan object to California extending 
to her own citizens and lands the same protection given by 
Japan to the Japanese and their lands? 

Our present Treaty of Commerce and Navigation with 
Japan deliberately omits, from the privileges granted Japa- 
nese in this country, either ownership or lease of agricultural 
lands. Japan has always prohibited ownership, or lease, or 
use of agricultural lands in Japan by Americans, or other 
foreigners. 

Orientals, and more particularly Japanese, having com- 
menced to secure control of agricultural lands in California, 
there was enacted in 1913 the Alien Land Law, which pro- 
hibited ownership, or lease beyond three years, of agricul- 
tural lands by aliens ineligible to citizenship. 

In defiance of that law, through various subterfuges, in- 
cluding use of dummy corporations and minor native-born 
children, Orientals, largely Japanese, are fast securing con- 
trol of the richest irrigated lands in the state, through lease 
or ownership, the proportion already controlled in some 
counties being from 50 per cent to 75 per cent. 

The initiative measure simply closes the loopholes in the 
1913 law which permit violation and evasion thereof. In 
addition, it forbids even short leases. 

Long lease of these lands by Japanese is as injurious in 
effect as ownership; and the short lease becomes long lease 
through repeated renewal, and because, once the land is 
occupied by Japanese, the whites move away, and cease to 
be prospective lessees. 






SELECT DOCUMENTS 485 

Control of these rich lands means in time control of the 
products, and control of the markets. Control of the prod- 
ucts of the soil by a unified interest such as the Japanese 
will lead to economic control of the country. That will be 
followed in time by political control through force of num- 
bers induced by the heavy birth-rate. That condition is now 
at hand in Hawaii. 

Rather than invite such disaster, better let some land lie 
idle, and a few large landholders make less profit, and even 
see production decrease somewhat, as opponents claim will 
result if this measure carries. However, it is not proven that 
curtailment of production will result. At present the small 
farmer who needs labor can get none from the Japanese, 
because they demand leases and co-operative management. 

Under the initiative measure, treaty rights are fully safe- 
guarded and citizenship of native-born is not affected. All 
Japanese legitimately here may remain indefinitely in any 
occupations selected by them, and will be protected in all 
property rights previously acquired. As agricultural laborers 
in California, they could earn much more than in any occu- 
pation in their own land. The birth-rate will insure increase, 
rather than decrease, of the Japanese population in this state. 

The measure provides that any alien ineligible to citizen- 
ship may acquire, use, transmit, and inherit interest in real 
property to the extent, stnd for the purposes prescribed by 
treaty with his respective nation, and not otherwise. 

Various safeguards, suggested by experience, are pro- 
vided, and certain penalties (including forfeiture of the 
property) for deliberate violation or evasion. The equities 
of innocent holders are fully protected. 

The measure was carefully prepared by the State Legis- 
lative Counsel Bureau, after the proposed provisions had been 
criticized by various leading legal and civic organizations 
of the state. 

California should vote overwhelmingly for the measure, 
for the additional reason that her polled verdict as to the 
gravity of the problem will influence the nation in endorsing 
necessary federal legislation. 

(Signed) V. S. McClatchy 

ARGUMENT AGAINST PROPOSED ALIEN LAND LAW 

This initiative raises questions of cold law, to which I 
invite the very thoughtful attention of the voters. 



IW) RESIDENT ORIENTALS 

Our treaty with Japan provides that the Japanese here 
"may own or hire and occupy houses, manufactories, ware- 
houses, shops, and premises and lease land for residential 
and commercial purposes." In its economic definition com- 
merce consists of production, transmutation, and exchange; 
production is the ranking element, because without it there 
can be no commerce. 

The treaty protects the right of Japanese to hire or own 
manufactories, for transmutation, warehouses, necessary to 
exchange, and to lease land for commercial purposes. Land 
employed in agricultural production is employed in a com- 
mercial purpose. The treaty is intended, then, to give the 
Japanese privilege to enter upon complete commerce, and 
therefore protects their right to lease land for production. 
Any other interpretation twists the plain language of the 
treaty into vain repetition. 

Considered in the light of the Fourteenth Amendment to 
the Constitution of the United States, which says, "No state 
shall deny to any person within its jurisdiction the equal 
protection of the laws," we find the initiative in conflict with 
our own Constitution, since it proposes a discriminatory 
classification of aliens, conferring upon one class the pro- 
tection of the law which it denies to another class. 

This discrimination applies also to the leasing of land 
denied to Japanese and permitted to other aliens. It also 
applies to the feature of the initiative which subjects Japa- 
nese minors who own land to the guardianship of the public 
administrator, but exempts other alien minors who own land 
from such guardianship. 

These proposed discriminations against classes of aliens 
were adopted by the people of another state by the initiative 
and were voided by the United States Supreme Court as 
unconstitutional. That court held that "equal protection of 
the laws is applicable to all persons, without regard to any 
differences of race, color, or nationality," and that discrimi- 
nation under the pretense of "promoting the health, safety, 
morals, and welfare" is unconstitutional, and denies "the 
very essence of personal freedom and opportunity it was the 
purpose of the Fourteenth Amendment to secure." And "if 
such freedom could be refused upon the ground of race or 
nationality, the prohibition of the denial to any person of 
the equal protection of the laws would be a barren form 
of words." 

In the foregoing I have stripped the initiative of its 






SELECT DOCUMENTS 487 

cryptic and involved language and technicalities, so that it 
is naked in its two purposes : First, to forbid the leasing of 
land to Japanese and Chinese; and, second, to take land- 
owning minors of those races from the natural guardianship 
of the parents and commit them to the control of the public 
administrators. 

All the other confusing propositions of the initiative, 
respecting holdings in corporations, etc., are subordinate to 
these two. 

Considered in its effect upon tne land-owners in the state, 
the initiative, under penalty of confiscation, prohibits them 
from leasing land to a certain class of persons. If the state 
can do that it can also compel land-owners, under penalty of 
confiscation, to lease their land to a certain class of persons. 
It will be seen at once that the claim of such power in the 
state is a destructive blow at the liberty of American citizens, 

(Signed) John P. Irish 

CALIFORNIA CODE OF CIVIL PROCEDURE RELATING TO 
THE ALIEN LAND LAW OF 1923 

Chapter 280 

An act to add a new section to the Code of Civil Procedure 
to be numbered One Thousand Seven Hundred Fifty- 
One A, relating to disqualification of certain aliens, com- 
panies, associations, and corporations for appointment as 
guardians of estates. 

(Approved May 31, 1923) 

The people of the State of California do enact as follows: 

Section 1. — A new section is hereby added to the Code of 
Civil Procedure to be numbered One Thousand Seven Hun- 
dred Fifty-One A and to read as follows: 

1751A~ No person ineligible to citizenship in the United 
States and no company, association, or corporation of which 
a majority of the members are aliens ineligible to citizenship 
in the United States, or in which a majority of the issued 
capital stock is owned by such aliens, may be appointed 
guardian of any estate which consists in whole or in part of 
real property. 



SELECT DOCUMENT J 

WASHINGTON ALIEN LAND LAW, 1923 

(Previously an initiative bill similar to that in California 
cited in Select Document I failed to secure 42,000 signatures in 
1920, so was not submitted to the people.) 

An Act relating to the rights and disabilities of aliens with 
respect to lands and amending chapter 50 of the Laws 
of 1921. 

Be it enacted by the Legislature of the State of Washington: 

Section 1. — That chapter 50 of the Laws of 1921 be 
amended by adding thereto a new section to be known as 
section 2a (sec. 10582 of Remington's Compiled Statutes) to 
be read as follows: 

"Sec 2a. — If an owner of land knowingly convey to or 
create in an alien an estate or interest therein less than his 
own, the state, instead of taking the lesser estate or interest, 
may take its value in money out of the greater estate, and 
such value may be determined and be charged upon and 
recovered out of the greater estate in an equitable action." 

Sec 2. — That chapter 50 of the Laws of 1921 be further 
amended by adding thereto a new section to be known as 
2b (10582ft of Remington's Compiled Statutes) to read as 
follows : 

"Sec 2b. — If a minor child of an alien hold title to land 
either heretofore or hereafter acquired, it shall be presumed 
that he holds in trust for the alien." 

Passed the House February 16, 1923. 

Passed the Senate February 28, 1923. 

Approved by the Governor March 10, 1923. 

NEWSPAPER STORY OF THE ENACTMENT 

(The Seattle Post-Intelligencer strongly opposed this legisla- 
tion, the Seattle Union Record likewise opposed it, but took a more 
neutral stand, the Seattle Star was the outspoken opponent. Pres- 
sure from California and the Washington Posts of the American 
Legion were leading influences in the passage of this law.) 

THE JAPANESE LAND QUESTION IN THIS STATE 

From the Port Angeles, Washington, Olympic Tribune, February 
18, 1921. Copy of a resolution drawn up by the Wapato Post 
of the American Legion : 

488 



SELECT DOCUMENTS 489 

Wapato, Washington, 
December 28, 1920 

To the Veterans of the State of Washington: 

We, the veterans of the Yakima Indian Reservation, ask 
you to get behind Initiative Measure No. 37 and put it over. 

Do you realize the situation in Yakima Valley? It is 
getting desperate. Here are the facts: 

Today the Japs are leasing the best land upon the Yakima 
Indian Reservation. They are able to do this by the follow- 
ing procedure: They go to the Indian and give him any- 
where from $50 to $100 as a bonus; they give the Indian 
agents presents and valuable presents every year. Then they 
offer as rent a higher rental than a white man can pay. For 
example, if the white man can pay twenty dollars per acre 
per year, the Jap will offer from thirty to fifty dollars per 
year (figure it up on an eight-acre farm). Then if at any 
time between lease days the Indian needs a little spending 
money, the Jap gives it to him. And in the above manner 
they are slowly winning the love of the Indians. 

When the Jap needs a bondsman, who must be a citizen, 
he first gives the prospective bondsman expensive presents 
and then gives him one or two hundred dollars for going on 
his bond, and in that way is able to find renegade white men 
to fit into the Jap scheme of things. 

Japs on this reservation have gone broke this year, lots 
of them, but from some place comes enough money to tide 
them over. And one who cannot get the money simply 
disappears, and a new Jap appears to take his place, with a 
bill of sale from the former Jap, and the former Jap's credi- 
tors go hang. While if a white man goes broke, he is broke 
and there is no organization to finance him over the set- 
backs, and he cannot disappear. 

The Jap lives in a hovel, his women folks work in the 
fields, and they have been seen in the fields working with 
children strapped to their backs, or in baby carriages, which 
a white man would not alio w his wife or daughter to do. 

The outstanding reason the American cannot compete 
with the Jap on the bidding on Indian land is simply that 
he cannot pay the rent the Jap is willing and able to pay, 
because he cannot live the life a Jap is only too glad to live. 

If you know anything about farming you know that the 
average American farmer cannot pay from $2,000 to $4,000 
rent a year and have anything when he is through. He 



490 RESIDENT ORIENTALS 

cannot educate his children, in fact he can hardly raise them. 
And from our observation of the present and past conditions 
upon the leased lands of the reservation, the coming of a 
child is almost a calamity. And men, think of a child born 
and raised under such conditions. Is he going to be a good 
citizen? 

Remember that you cannot expect the American farmer 
to live according to a standard of living which you would 
not be willing to live. They are of the same blood and 
heritage as you are, they have the same pride, and same 
ambitions, the same patriotism, the same standards of living. 
And the one big boast of a real American is that he and all 
his compatriots live and not exist. 

The Jap is buying property, taking the title either in his 
American-born child's name, or in the name of a renegade 
white man who holds for the Jap. 

Each month sees more Japs on the Reservation, both by 
birth and by registration. The Jap breeds faster than any 
other element in the American nation. Where the ones come 
from who come from outside we do not know, but the fact 
remains, they come. 

We are rapidly approaching the following condition : 
Either the Jap leaves, or the white man will have to leave. 
The white man cannot live in competition with the Jap. We 
are fighting as hard as we can. What are you going to do? 

(Signed) R. K. Fay 

Roy S. Campbell 
Joe W. Knight 1 

From the Seattle Union Record, February 18, 1921 

WHERE DID IT START? 

We do not go regularly to our neighbor, the P.-L, for 
information, but she told us a few things yesterday morning 
in her leading editorial that interested us. 

"We receive almost daily," she said, "booklets, pamph- 
lets, leaflets, and letters, violently hostile to the Japanese 
and all coming directly from the center of the anti-Japanese 
propaganda at Sacramento, California." 

i Committee appointed by the Wapato Post of the American 
Legion to investigate the Japanese question and to inform the 
American Legion and veterans of the state of Washington. 



SELECT DOCUMENTS 491 

For some reason or other California seems very anxious 
that the present anti-leasing law, directed against the Japa- 
nese, shall pass in our state. Why is California interested? 
What business is it of hers? 

While thinking along this line we note some interesting 
things. Who started this leasing bill, anyway? Why, Mr. 
Tindall, the spokesman of the Seattle Star. Almost as soon 
as the Star put him into office, he began one thing after an- 
other against the Japanese. 

Now the Star is owned by California interests! Hist! The 
plot thickens! 

We then look around to see what real Washington folks 
have demanded this bill. No doubt there are many Washing- 
tonians who have little love for the Japanese; no doubt there 
are many who, as individuals, are prepared to cheer any 
legislation against them. 

But, somehow or other, none of this feeling was especially 
aroused this winter, in any organized form. No labor groups 
were shouting for this land-leasing bill. No business groups. 
No church groups or women's clubs. Sentiment was quietly 
sleeping, and folks were going about their business until — 
Until California wanted us to pass a bill just like hers! Until 
Sacramento and the Star got busy! 

Why did they get busy? Was it because California was so 
happy over the results of her law, which she hasn't had time 
to try out, and wants this sister state to share her happiness? 

Or was it because California sees that our state is getting 
most of the Japanese foreign trade, that Puget Sound is the 
favored port? Is California trying to get us in bad with some 
of our best customers? We wouldn't put it past her! 

From the Seattle Star, February 25, 1921. Editorials and Com- 
ments Reprinted from Various Newspapers 

AS OTHERS SEE THE WORLD 

SEATTLE PAPER WOULD SURRENDER PACIFIC COAST TO JAPS 

(From the Seattle Daily Wireless) 

The Wireless has never made it a point to proclaim its patriot- 
ism, but one thing its readers will never see it do is to advocate 
the surrender of the Pacific Coast to the Japanese. 

The Post-Intelligencer is doing that very thing when it attempts 
to prevent the legislature from passing the Anti- Alien Land Bill, 
for it knows, as every thinking person must know, that the Japa- 
nese and American people will never live side by side in harmony. 



I!>2 RESIDENT ORIENTALS 






Once the Japanese succeed in establishing themselves here in suf- 
ficient numbers, a struggle for race supremacy between them and 
the American population will be on until one or the other race 
is driven out. 

Like the ostrich which seeks to escape danger by burying its 
head in the sand, the Post-Intelligencer shuts its eyes to what no 
observing person can fail to see: the startling rapidity with which 
the Japanese have fastened their hold on the soil of this state and 
on its economical life. 

Twelve years ago, when the first large anti-Japanese convention 
was held in the Seattle Labor Temple the Post-Intelligencer re- 
ferred to the delegates as undesirable citizens who should be given 
a coat of tar and feathers. Today, recognizing the universal 
demand for Japanese exclusion, it softens its tone and tries to 
insinuate that the anti-Japanese land bill in this state is of Cali- 
fornia origin. 

If this were true we would take off our hats to California which 
has so long taken the lead in the fight to preserve this Coast to 
the American people. But the fact is that anti-Japanese land bills 
are now pending in the legislatures of eight states and have 
already passed one House in Idaho, Oregon, Texas, and Nebraska. 

It is to the shame of this state that every one of its papers is 
not out in open and emphatic advocacy of the pending land bill. 
We predict the day when the people of Seattle will erect a monu- 
ment to the Seattle Star, the one paper which has had the courage 
and independence to stand up boldly for the American people as 
against the threats and intrigue of the Japanese government. 

FOUGHT FOR ALIEN LAND BILL 

(From the Ellensburg, Washington, Record, February 26, 1921) 

Austin Mires, Kittitas County representative, who thirty years 
ago was on a state legislative committee which drew up a bill 
restricting ownership by ineligible aliens of land in this state, 
was one of the representatives who fought for the passage of the 
Anti-Alien Land ownership bill, which was passed by the House 
yesterday and which provides that aliens ineligible to citizenship 
cannot own or lease land in this state. 

(From the Seattle Union Record, February 26, 1921) 

But there was even a worse form of intelligence in the house 
on the anti-Jap bill. Several intellectual comedians waved the flag 
and shouted for the bill. They had nothing to display in the line 
of brains, so took to the physical process of holding up the banner. 

One of these was a manicured child by the name of who 

declared that so long as he had breath in his noble body, never, 
oh, never, would he permit his young lovely s-s-s-ister to marry 

a Jap. It was a matter of principle with . His carrot patch 

should never fringe a Japanese garden, and he didn't care a darn 
what anybody thought about it. 



SELECT DOCUMENTS 493 

ONE GOOD DEED DONE 
(From the Tacoma Times, March 3, 1921) 

The state Senate deserves the gratitude of the people of Wash- 
ington for passing the Anti-Jap Land Law. This action of this 
Senate is one of its few scattering good deeds to date. The Jap 
Land Law is one of the most vitally important measures placed 
before this session. While the bill will not eradicate the Jap from 
Washington farm lands, it will, if properly and strictly enforced, 
prevent further extensions of the Jap invasion, and go a long way 
to keep this a white man's country. 

.... To the veterans of the state of Washington goes most 
of the credit for placing this state solidly in the ranks of anti- 
Jap commonwealths. The service men made the fight for the 
Anti-Jap Land Law, carried the battle into the legislature, and 
saw it through. 

ANTI-ALIEN LAND BILL GOES TO GOVERNOR 
(From the Tacoma, Washington, News Tribune, March 3, 1921) 

Senate Passes Measure, 36 to 2: Not Intended to Embarrass 

Harding, Says Beeler 

"This is my day in court," Senator Taylor said. "I have waited 
long for this opportunity to express my feelings on the deplorable 
situation in this state and my district especially, created by the 
invasion of the Japanese. 

"Who are the men who do not want this bill passed? They are 
the same selfish group of Seattle commercial interests that have 
threatened me both personally and politically in an effort to make 
me recede from my position on this bill. 

THINK MORE OF JAP DOLLAR 

"But I'll go to hell first before I will change my sentiment on 
this bill. These interests who have come down here to threaten 
and harass this legislature think more of the Jap dollar than they 
do of the American children." 

Senator Taylor's district is embraced in the White River 
Valley and he explained how the Japanese have been conducting 
a school there in the Japanese language. He pointed out that 
50,000 World War veterans in the state are behind the measure 
and want it to pass. .... 

After Taylor's speech there was little chance for either the 
Morthland motion or the substitute by Johnson to prevail. This 
was proved when the substitute was promptly voted down. Then 
there was a mad scramble of doubtful senators to get on the 
patriotic wave and ride into public favor with the passage ot 
the bill. Speeches were made from all corners of the Senate cham- 
ber insisting that the bill must pass, that delay meant its death 
knell, and that the state must let Congress know just how it feels 
about the invasion of the Japanese. 



SELECT DOCUMENT K 

CALIFORNIA AND THE ORIENTAL 

• 

Governor's Message to the American Secretary of 
State, Report of State Board of Control of California, 
1920 

(This official report ranks alongside of Reports of the Immi- 
gration Commission [1910] and the Hearings before the Committee 
on Immigration and Naturalization, House of Representatives 
[1920], as the outstanding official reports in recent times. Mr. 
Kiichi Kanzaki, General Secretary of Japanese Association of 
America, comments : "As to the spirit of the letter, all of us who 
have had an opportunity of reading it agree that it was written 
with the utmost cordiality and frankness and without enmity 
toward the people of Japan or the Japanese in California. Unfor- 
tunately, Governor Stephens was led to draw his conclusions from 
data which were, in many instances, inaccurate and were presented 
by unscientific methods. It is a serious duty of the leaders of both 
peoples to consider the problem dispassionately, basing their 
conclusions on authentic facts and seeking a solution for the best 
interest of all." — From California and the Japanese, published by 
the Japanese Association of America, 44 Bush Street, San Fran- 
cisco, April, 1921.) 

STATE OF CALIFORNIA 
governor's office 

Sacramento, June 19, 1920 

Hon. Bainbridge Colby, 
Secretary of State, 
Washington, D.C. 

Sir: I have the honor to transmit herewith the official 
report prepared and filed with me by the State Board of 
Control of California on the subject of Oriental immigration, 
population, and land ownership. 

The subject is one of such transcendent importance to the 
people of California, and is so potential with future difficul- 
ties between the United States of America and the Oriental 
countries, that I deem it my duty in forwarding the report 
to outline in brief the history of the development of the 
Japanese problem in California, together with the legislation 
already enacted and that now pending. In doing so I trust 
I may be able clearly to lay before you the necessity of action 

494 









SELECT DOCUMENTS 495 

by our Federal Government in the attainment of a permanent 
solution of this matter. 

While the report deals with the problem as an entire 
Asiatic one, the present acute situation is occasioned spe- 
cifically by the increase in population and land ownership of 
the Japanese. Forty years ago the California race problem 
was essentially a Chinese problem. At that time our Japa- 
nese population was negligible. The Chinese immigrants, 
however, were arriving in such numbers that the people of 
the entire Pacific slope became alarmed at a threatened inun- 
dation of our white civilization by this Oriental influx. 

Popular feeling developed to such a pitch that many un- 
fortunate incidents occurred of grave wrong done to indi- 
vidual Chinese as the result of mob and other illegal violence. 
Our country became aw r akened at the growing danger, and 
Congress passed the Chinese Exclusion Act providing for 
the exclusion of all Chinese laborers and the registration of 
all Chinese at that time lawfully within the country. The 
statute was sufficiently comprehensive effectively to exclude 
further Chinese immigration and to make difficult, if not 
impossible, the evasion of the spirit of the act. As a result 
of this enactment there has been a substantial reduction in 
the Chinese population of California. 

In the meantime, however, w r e have been developing an 
even more serious problem by reason of the influx to our 
shores of Japanese labor. Twenty years ago our Japanese 
population was nominal. Ten years ago the census reports 
of the United States government showed a Japanese popula- 
tion in California of 41,356. A survey and computation re- 
cently made by the Board of Control of the State of California 
indicates that at the present time this Japanese population 
has been more than doubled — it amounting now to 87,279. 
The best figures available indicate that our Japanese popula- 
tion comprises between 80 and 85 per cent of the total Japa- 
nese population of continental United States. 

The Japanese in our midst have indicated a strong trend 
to land ownership and land control, and by their unques- 
tioned industry and application, and by standards and 
methods that are widely separated from our occidental stand- 
ards and methods, both in connection with hours of labor 
and standards of living, have gradually developed to a 
control of many of our important agricultural industries. 
Indeed, at the present time they operate 458,056 acres of the 
very best lands in California. The increase in acreage control 



196 RESIDENT ORIENTALS 

within the last decade, according to these official figures has 
been 412.9 per cent. In productive values — that is to say, in 
the market value of crops produced by them — our figures 
show that as against $0,235,856 worth of produce marketed 
in 1909, the increase has been to $67,145,730, approximately 
tenfold. 

More significant than these figures, however, is the demon- 
strated fact that within the last ten years Japanese agricul- 
tural labor has developed to such a degree that at the present 
time between 80 and 90 per cent of most of our vegetable and 
berry products are those of the Japanese farms. Approxi- 
mately 80 per cent of the tomato crop of the state is produced 
by Japanese; from 80 to 100 per cent of the spinach crop; a 
greater part of our potato and asparagus crops, and so on. 
So that it is apparent with much more effective restrictions 
that in a very short time, historically speaking, the Japanese 
population within our midst will represent a considerable 
portion of our entire population, and the Japanese control 
over certain essential food products will be an absolute one. 

Aside from the economic aspect, however, and even more 
important than this, is the social problem inevitably devel- 
oping to an acute degree. The figures contained in the report 
will not be understood in their true significance without the 
supplementary explanation that these land holdings and land 
products are in well-defined locations within the state and 
not spread broadcast. The Japanese, with his strong social 
race instinct, acquires his piece of land and, within an in- 
credibly short period of time, large adjoining holdings are 
occupied by people of his own race. The result is that in 
many portions of our state w r e have large colonies of Japa- 
nese, the population in many places even exceeding the white 
population. 

These Japanese, by very reason of their use of economic 
standards impossible to our white ideals — that is to say, the 
employment of their wives and their very children in the 
arduous toil of the soil — are proving crushing competitors 
to our white rural populations. The fecundity of the Japa- 
nese race far exceeds that of any other people that we have 
in our midst. They send their children for short periods of 
time to our white schools, and in many of the country schools 
of our state the spectacle is presented of having a few white 
children acquiring their education in classrooms crowded 
with Japanese. The deep-seated and often outspoken resent- 
ment of our white mothers at this situation can only be 



SELECT DOCUMENTS 497 

" 

appreciated by those people who have struggled with similar 
problems. 

It is with great pride that I am able to state that the 
people of California have borne this situation and seen its 
developing menace with a patience and self-restraint beyond 
all praise. California is proud to proclaim to the nation that 
despite this social situation her people have been guilty of 
no excesses and no indignities upon the Japanese within our 
borders. No outrage, no violence, no insult, and no ignominy 
have been offered to the Japanese people within California. 

It is also proper to state that I believe I speak the feelings 
of our people when I express to you a full recognition of the 
many admirable qualities of the Japanese people. We assume 
no arrogant superiority of race or culture over them. Their 
art, their literature, their philosophy, and, in recent years, 
their scientific attainments have gained for them a respect 
from the white peoples in which we, who know them so well, 
fully share. We have learned to admire the brilliancy of 
their art and the genius that these people display. W 7 e respect 
that deep philosophy which flows so placidly out of that 
wonderful past of theirs and which has come down through 
ages that antedate our Christian Era. We join with the entire 
civilized world in our admiration of the tremendous strides 
which the Japanese nation itself has made in the last- two 
generations unparalleled' as its career is in the history of 
nations. We respect the right of the Japanese to their true 
development and to the attainment of their destiny. 

All these matters I am at pains to emphasize so as to con- 
vince you, and, through you the people of our United States, 
that this problem of ours is not an insignificant or temporary 
one. It is not factious. It has no origin in narrow race preju- 
dice or rancor or hostility. It is, however, a solemn problem 
affecting our entire Occidental civilization. It has nothing to 
do with any pretensions of race superiority, but has vitally 
to do with race dissimilarity and unassimilability. 

But with all this the people of California are determined 
to repress a developing Japanese community within our 
midst. They are determined to exhaust every power in their 
keeping to maintain this state for its own people. This de- 
termination is based fundamentally upon the ethnological 
impossibility of assimilating the Japanese people and the 
consequential alternative of increasing a population whose 
very race isolation must be fraught with the gravest conse- 
quences. 



15M* RESIDENT ORIENTALS 

California stands as an outpost on the western edge of 
Occidental civilization. Her people are the sons or the fol- 
lowers of the Argonauts who wended their way westward 
over the plains of the Middle West, the Rocky Mountains, and 
the desert; and here they set up their homes and planted their 
Hags; and here, without themselves recognizing it at the time, 
they took the farthest westward step that the white man can 
take. From our shores roll the waters of the Pacific. From 
our coast the mind's eye takes its gaze and sees on the other 
shores of that great ocean the teeming millions of the Orient, 
with its institutions running their roots into the most vener- 
able antiquity, its own inherited philosophy and standards 
of life, its own peculiar races and colors. 

The Pacific, we feel, is shortly to become one of the most 
important highways of commerce oh this earth. Amity and 
concord and that interchange of material goods as well as 
ideas, which such facilities offer, will inevitably take place 
to the benefit of both continents. But that our white race will 
readily intermix with the yellow strains of Asia, and that out 
of this interrelationship shall be born a new composite hu- 
man being is manifestly impossible. Singularly enough, while 
historical facts are not always susceptible of scientific dem- 
onstration, it is true, if our study serves us, that the blood 
fusion of the Occident and the Orient has nowhere ever suc- 
cessfully taken place. Whether the cause be but a social sense 
of repugnance, or whether it be insuperable scientific hin- 
drances, is utterly beside the question. 

We stand today at this point of western contact with the 
Orient, just as the Greeks who settled in Asia Minor three 
thousand years ago stood at its eastern point. And while 
Mesopotamia and the country to the east thereof were the 
highways of intercourse between the Orient of that time and 
the Occident of that era, and while, historically, there was 
much of contact and conflict between the types representing 
the two standards of civilization, history does not show any 
material fusion of either blood or idea between these peoples. 

California harbors no animosity against the Japanese 
people or their nation. California, however, does not wish 
the Japanese people to settle within her borders and to de- 
velop a Japanese population within her midst. California 
views with alarm the rapid growth of these people within 
the last decade in population as well as in land control, and 
foresees in the not distant future the gravest menace of 
serious conflict if this development is not immediately and 



SELECT DOCUMENTS 499 

effectively checked. Without disparaging these people of 
just sensibilities, we cannot look for intermarriage or that 
social interrelationship which must exist between the citi- 
zenry of a contented community. 

It may be an exquisite refinement, but we cannot feel 
contented at our children imbibing their first rudiments of 
education from the lips of the public school teacher in class- 
rooms crowded with other children of a different race. They 
do not and will not associate in that relationship prevalent 
elsewhere in the public schools of this country. We recog- 
nize that this attitude is too deep-seated to remove. And we 
recognize that with this attitude goes the necessity of Japa- 
nese isolation and that inevitable feeling which socially a 
proscribed race, always develops. 

California wants peace. But California wants to retain 
this commonwealth for her own peoples where they may 
grow up and develop their own ideals. We are confronted at 
this time by the problems that have arisen in the Hawaiian 
Islands, where the Japanese have now developed to an extent 
which gives them a preponderance, I am informed, in the 
affairs of that territory. That mistake of Hawaii must not, 
and California is determined shall not, be repeated here. 

This communication and the report accompanying it are 
prompted by a situation prevailing in California today which 
we hope may lead to diplomatic correspondence on your part 
with the Empire of Japan. In 1913 the Legislature of this 
state passed a statute forbidding the ownership of agricul- 
tural lands by Japanese and limiting their tenure to three- 
year leaseholds. It was the hope at that time that the enact- 
ment of this statute might put a stop to the encroachments 
of the Japanese agriculturist. This legislation followed some 
years after a proposed bill by the Legislature providing for 
separate schools for Japanese students. 1 

At the time of the school legislation, however, the appeal 
on behalf of the United States government to refrain from 
enacting such a drastic law was very urgent and was sup- 
ported by an assurance on the part of the Federal Govern- 
ment that necessary arrangements would be made with Japan 
stopping the further immigration of Japanese labor. These 
negotiations led to the so-called "Gentlemen's Agreement." 
There can be no doubt that it was the intent of our govern- 

i The 1921 session of the California Legislature enacted a law 
providing for the regulation of foreign language schools. 



500 RESIDENT ORIENTALS 

ment, by this agreement, to prevent the further immigration 
of Japanese laborers. Unfortunately, however, the hoped-for 
results have not been attained. 

Without imputing to the Japanese government any direct 
knowledge on the subject, the statistics clearly show a de- 
cided increase in Japanese population since the execution of 
the so-called "Gentleman's Agreement." Skilful evasions have 
been resorted to in various manners. "Picture brides" have 
been brought in and upon their arrival set to work on the 
farm lands; relatives of those already here were brought in 
under the guise of dependents; large numbers have come 
illegally across the Mexican border. As to the latter, of 
course, it is in the nature of things impossible to give official 
statistics, as those who came in this manner came illicitly. 
The realization of this lack of entire good faith on the part 
of the Japanese led the California Legislature in 1913 to pass 
the existing law, despite the expostulation of a distinguished 
predecessor of yours in your present office, who made an 
official visit to the capitol of this state at that time. 

Again, I deplore the necessity of stating that the spirit of 
the Anti-Alien Land Legislation passed in 1913 has been 
evaded and broken through the resort to certain legal sub- 
terfuges which have almost frustrated the very purpose of 
the enactment. These evasions have been accomplished 
through the medium of corporations, trustee stock owner- 
ship, trustee land ownership, and the device of having native 
infant children of Japanese parentage made grantees of agri- 
cultural lands controlled and operated exclusively by their 
non-eligible parents. 

At the last session of the Legislature, held in the spring 
of 1919, further legislation against the Japanese was pro- 
posed. At that time action was deferred mainly upon the 
advice of Secretary of State Lansing, who cabled from Ver- 
sailles explaining to our legislature that in view of the Peace 
Conference, then in session, at which Japan was a partici- 
pant, any Japanese legislation would be unfortunate and 
strongly implying that it might seriously affect the result of 
the Peace Conference. Again, California patriotically acceded 
for the good of the whole country. 

I took occasion at the same time to urge the Legislature 
of California to defer drastic action until the state had ac- 
quired reliable information on the subject through the me- 
dium of one of its important commissions, the State Board of 
Control. My views, as expressed then, and from which I 



SELECT DOCUMENTS 501 

have had no occasion to recede, were that the grave problem 
could not be effectually dealt with except through the me- 
dium of the Federal Government, and action by the Federal 
Government could only be secured by the presentation of 
reliable information. 

I told the people of this state that upon the compilation 
of the necessary information I should deem it my duty to 
urge such action both by the State and Federal Government 
as the situation might require and the facts warrant. The 
accompanying report is the result of a painstaking search 
for the facts. In its cold, statistical way, it tells graphically 
our story. The human side is untouched. With this informa- 
tion officially presented to the people of our state, we must 
seek relief. 

In dealing with this problem, we cannot very well take 
precedent out of the experience of the nation with the pre- 
vious race question which so bitterly aroused all the sectional 
feelings of our people and led to the Civil War. There is one 
vital difference. The Japanese, be it said to their credit, are 
not of servile or docile stock. Proud of their traditions and 
history, exultant as they justly are at the extraordinary 
career of their country, they brook no suggestion of any domi- 
nant or superior race. Verile, progressive, and aggressive, 
they have all the race consciousness which is inseparable 
from race quality. And it is just because they possess these 
attributes in such marked degree and feel more keenly the 
social and race barriers which our people instinctively raise 
against them that they are driven to that race isolation and, 
I fear ultimately will reach that race resentment, which 
portends danger to the peace of our state in the future. In 
extending to them the just credit which is theirs, the thought 
does not occur to our people that because the Japanese come 
from a puissant nation, whose achievements on the field have 
brought it renown, that therefore our attitude should be 
moulded by pussillanimity or temporary expediency. We 
have faith in the willingness and power of our common 
country to protect its every part from foreign danger. 

We also have faith, however, in the intelligence of the 
Japanese Empire itself to understand our attitude and recog- 
nize that it is prompted solely by that inherent desire of 
every race and type of people to preserve itself. We wish to 
impress most earnestly upon them the entire absence of every 
feeling that can betoken ill-will or be in the slightest degree 
disparaging. But with the same earnestness we insist, after 



T>()2 RESIDENT ORIENTALS 

this careful survey which we have caused to be made, that 
California is now amply justified in taking every step that 
will properly reduce this problem, and where the powers of 
the state shall fall short must appeal to the United States gov- 
ernment for that additional action necessary finally to solve 
this vexing problem. 

At the present time an initiative measure 2 is being circu- 
lated which in all probability will find a place upon our 
ballot at this coming election. The initiative measure is a 
land law even more stringent than the present one in that it 
forbids not only ownership, but the leasing of lands by the 
Japanese. It also makes more drastic the provisions against 
corporate ownership of land for the purpose of evading the 
Act. The measure, if adopted, will exhaust the state's power 
in dealing with this great race problem. The bill, however, 
does not and will not, because the state legally can not, pre- 
vent Japanese control of our soil, nor can it stop further im- 
migration. 

If the measure is adopted, inasmuch as it prohibits only 
the acquisition of interests in real estate, it w r ill not "I fear 
forestall the ingenuity of legal counsel in enabling the Japa- 
nese to remain in control of their agricultural holdings under 
various forms of personal employment contracts. And in 
this respect I am advised that it is impossible for the state to 
enact constitutional legislation prohibiting personal employ- 
ment contracts with Japanese on account of various pro- 
visions in our federal Constitution, recent decisions of the 
United States Supreme Court, and also certain provisions of 
the treaty between Japan and the United States. 

This being as far as the state can go, however, it will and 
should, in my opinion, by an overwhelming majority of the 
voters, enact the proposed initiative legislation. And, in my 
opinion, as an expression of protest by Californians, as a 
declaration of the purpose of this present population of ours 
to maintain its own standards and ideals, as a plea to the 
citizens of all the states in the Union, many of whom, be- 
cause they have not contact wdth the problem might seem to 
look upon it as an unsubstantial one at this time, every voter 
in this state will and should cast his ballot for the measure. 
And for these reasons, expressing both my personal views 
and, I believe, the views of the overwhelming majority of 
the people of the state of California, I hope for a vote at the 

- This measure was ratified by the People of California on No- 
vember 2, 1920. 






SELECT DOCUMENTS 503 

November election that will emphasize to the rest of the 
nation the seriousness of the situation here today. 

So far I have dealt with the subject only within the 
limits of state power. But as governor of this state I should 
feel myself recreant in my duty to its people if I did not with 
the present evidence before me and which I transmit to you, 
make this solemn appeal to you as the spokesman of our 
country in its international relationship to use your good 
offices with the Empire of Japan that stricter provisions be 
immediately agreed upon, making impossible any further 
evasion or violation of the spirit of the existing arrange- 
ment. How these negotiations should be initiated does not 
lie within my province to suggest. Indeed, I am confident 
that with these facts thus officially laid before you, your 
own good judgment will dictate the next step to be taken 
toward the desired agreement or treaty. 

Let me also add that in addition to this appeal which I 
make to you for further diplomatic action, I feel impelled by 
a sense of duty to lay before you the cause of the state of 
California at this time. The initiative legislation may pos- 
sibly lead to diplomatic inquiries and correspondence be- 
tween yourself and the Empire of Japan. Anticipating such 
a contingency, I am desirous of submitting to you in an offi- 
cial manner this question from the Californian and the 
American standpoint. 

Inasmuch as I am seeking on behalf of the people of Cali- 
fornia to deal w T ith this problem in a broad and final way, 
I deem it proper to advise you further that we feel the full 
solution of this question can not be had short of an exclusion 
act passed by Congress. It is my purpose, after transmitting 
this report to you, to communicate the information to our 
various Representatives and Senators in Congress that they 
may then be equipped to take up the cause of California and 
urge the passage of an exclusion act effectively disposing of 
this difficulty. 

The exclusion act should, in my opinion, provide for the 
full exclusion of all Japanese, saving certain selected classes; 
it should further provide for the registration of all Japanese 
lawfully within the United States at the time that the act is 
passed; and further provide that the burden should be upon 
every Japanese within this country of proving his right to 
be here by the production of a certificate of registration. In 
this manner only do I believe that completely effective reme- 
dies can be found. 



504 RESIDENT ORIENTALS 

Japan should not take umbrage at us for adopting these 
measures. The like strict exclusion is today effective in every 
one of the British Colonies fronting on the Pacific Ocean and 
having contact with the Japanese. Nor has Japan's valiant 
service in the late war, which she entered originally as an 
ally of Great Britain, obtained for her people the slightest 
amelioration of these drastic British Colonial laws. The 
British white races on the Pacific will not tolerate a situa- 
tion from which we are now suffering. Why then should 
we? Or why should our action seem so much more aggra- 
vated than that of Japan's ally, Great Britain? 

Let me repeat that in submitting this report and trans- 
mitting this letter with its recommendations, the people of 
California only desire to retain the commonwealth of Cali- 
fornia for its own people; they recognize the impossibility 
of that peace-producing assimilability which comes only 
when races are so closely akin that intermarriage w r ithin a 
generation or two obliterates original lines. The thought of 
such a relationship is impossible to the people of California, 
just as the thought of intermarriage of whites and blacks 
would be impossible to the minds of the leaders of both 
races in the southern states; just as the intermarriage of any 
immigrant African would not be considered by the people 
of the Eastern States. 

California is making this appeal primarily, of course, for 
herself, but in doing so she feels that the problem is hers 
solely because of her geographical position on the Pacific 
slope. She stands as one of the gateways for Oriental immi- 
gration into this country. Her people are the first affected, 
and unless the race ideals and standards are preserved here 
at the national gateway the conditions that will follow must 
soon affect the rest of the continent. 

I trust that I have clearly presented the California point 
of view, and that in any correspondence or negotiations with 
Japan which may ensue as the result of the accompanying 
report, or any action which the people of the state of Cali- 
fornia may take thereon, you will understand that it is based 
entirely on the principle of race self preservation and the 
ethnological impossibility of successfully assimilating this 
constantly increasing flow of Oriental blood. 

I have the honor to remain, 

Yours very respectfully, 

Wm. D. Stephens 
Governor of California 






SELECT DOCUMENT L 

JOINT RESOLUTION OF THE JAPANESE EXCLU- 
SION LEAGUE AND THE CALIFORNIA 
LEGISLATURE, 1921 1 

Whereas, The Japanese Exclusion League of California, 
representing officially such organizations as the American 
Legion, War Veterans, Native Sons and Native Daughters of 
the Golden West, State Federation of Women's Clubs, State 
Federation of Labor, and various other patriotic, civic, and 
fraternal bodies, have adopted a statement of policy recom- 
mended for adoption by the government of the United States 
as urgently required in protection of the nation's interest 
against the growing menace of Japanese immigration and 
colonization; and 

Whereas, Said declaration of principles has been ap- 
proved by the organizations affiliated with the League — The 
Los Angeles County Anti-Asiatic Association and the Japa- 
nese Exclusion League of Washington; and 

Whereas, Said declaration of principles is in words and 
figures as follows, to-wit : 

First — Absolute exclusion for the future of all Japanese 
immigration, not only male, but female, and not only labor- 
ers, skilled and unskilled, but "farmers," and men of small 
trades and professions as recommended by Theodore Roose- 
velt. 

Permission for temporary residence only for tourists, stu- 
dents, artists, commercial men, teachers, etc. 

Second — Such exclusion to be enforced by United States 
officials, under United States laws and regulations, as done 
with immigration, admitted or excluded, from all other coun- 
tries; and not, as at present, under an arrangement whereby 
control and regulation is surrendered by us to Japan. 

Third — Compliance on the part of all departments of the 
federal government with the Constitution, and the abandon- 
ment of the threat or attempted to take advantage of certain 
phrasing of that document as to treaties, which it is claimed 
gives the treaty-making power authority to violate plain pro- 

i California Senate Joint Resolution No. 26, by Senator Will R. 
Sharkey, relative to Immigration. 

505 



506 RESIDENT ORIENTALS 

visions of the Constitution [and Statutes] in the following 
matters: 

a) To nullify state rights and state laws for control of 
lands and other matters plainly within the state's jurisdic- 
tion. 

b) To grant American citizenship to races of yellow 
color, which are made ineligible for such citizenship. 

Fourth — For the Japanese legally entitled to residence in 
California, fair treatment, protection in property rights le- 
gally acquired, and the privilege of engaging in any business 
desired, except such as may be now or hereafter denied by 
law to all aliens, or to aliens ineligible to citizenship; and 
provided particularly they may not hereafter buy or lease 
agricultural lands. 

Now, therefore, be it 

Resolved by the Senate and Assembly, jointly, That the 
Legislature of the State of California hereby endorses said 
declaration of principles and urges that the President, the 
Department of State and the Congress of the United' States 
adopt and observe the policy therein stated; and be it further 

Resolved, That the Secretary of the Senate be and she is 
hereby directed to transmit copies of these resolutions to the 
President and the Secretary of State of the United States and 
to each of California's Senators and Representatives in Con 
gress. 

C. C. Young, 
President of the Senate 

Martin C. Madsen, 

Private Secretary to the 
Governor 

Henry W. Wright, 

Speaker of the Assembly 

Frank C. Jordan, 
Secretary of State 

and hereby certify that the same was duly filed with the 
Secretary of State on April 27, 1921. 

Grace S. Stoermer, 

Secretary of the Senate 






SELECT DOCUMENT M 

OZAWA VS. UNITED STATES" 
DECISION OF THE COURT 

November 13, 1922 

Mr, Justice Sutherland delivered the opinion of the court. 

The appellant is a person of the Japanese race born in 
Japan. He applied on October 16, 1914, to the United States 
district court for the Territory of Hawaii to be admitted as 
a citizen of the United States. His petition was opposed by 
the United States district attorney for the District of Hawaii. 
Including the period of his residence in Hawaii, appellant 
had continuously resided in the United States for twenty 
years. He was a graduate of the Berkeley, California, High 
School, had been nearly three years a student in the Univer- 
sity of California, had educated his children in American 
schools, his family had attended American churches, and he 
had maintained the use of the English language in his home. 
That he was well qualified by character and education for 
citizenship is conceded. 

The district court of* Hawaii, however, held that, having 
been born in Japan and being of the Japanese race, he was 
not eligible to naturalization under Section 2169 of the 
Revised Statutes, and denied the petition. Thereupon the 
appellant brought the cause to the circuit court of appeals 
for the Ninth Circuit and that court has certified the follow- 
ing questions, upon which it desires to be instructed: 

"1. Is the Act of June 29, 1906 (34 Stats, at Large, Part 1, 
p. 596), providing 'for a uniform rule for the naturalization 
of aliens' complete in itself, or is it limited by Section 2169 
of the Revised Statutes of the United States? 

"2. Is one who is of the Japanese race and born in Japan 
eligible to citizenship under the naturalization laws? 

"3. If said Act of June 29, 1906, is limited by Section 2169 
and naturalization is limited to aliens being free white per- 
sons and to aliens of African nativity and to persons of 
African descent, is one of the Japanese race, born in Japan, 
under any circumstances eligible to naturalization?" 

i 43 Supreme Court Reporter 65. (The famous naturalization 
case which classifies a "white" person.) 

507 



508 RESIDENT ORIENTALS 

These questions for purposes of discussion may be briefly 
restated : 

1. Is the Naturalization Act of June 29, 1906, limited by 
the provisions of Section 2169 of the Revised Statutes of the 
United States? 

2. If so limited, is the appellant eligible to naturalization 
under that section? 

First.— Section 2169 is found in Title XXX of the Revised 
Statutes, under the heading "Naturalization, " and reads as 
To Hows: 

"The provisions of this title shall apply to aliens, being 
free white persons, and to aliens of African nativity and to 
persons of African descent." 

The Act of June 29, 1906, entitled "An Act to establish a 
bureau of immigration and naturalization, and to provide for 
a uniform rule for the naturalization of aliens throughout the 
United States," consists of thirty-one sections and deals pri- 
marily with the subject of procedure. There is nothing in 
the circumstances leading up to or accompanying the passage 
of the act which suggests that any modification of Section 
2169, or of its application, was contemplated. 

The report of the House Committee on Naturalization and 
Immigration, recommending its passage, contains this state- 
ment : 

"It is the opinion of your committee that the frauds and 
crimes which have been committed in regard to naturaliza- 
tion have resulted more from a lack of any uniform system 
of procedure in such matters, than from any radical defect 
in the fundamental principles of existing law governing in 
such matters. The two changes which the committee has 
recommended in the principles controlling in naturalization 
matters and which are embodied in the bill submitted here- 
with are as follows: First, the requirement that before an 
alien can be naturalized he must be able to read, either in his 
own language or in the English language, and to speak or 
understand the English language; and, second, that the alien 
must intend to reside permanently in the United States be- 
fore he shall be entitled to naturalization." 

This seems to make it quite clear that no change of the 
fundamental character here involved was in mind. . 

Section 28 of the act expressly repeals Sections 2165, 
2167, 2168, 2173 of Title XXX, the subject-matter thereof 
being covered by new provisions. The sections of Title XXX 
remaining without repeal are: Section 2166, relating to 



SELECT DOCUMENTS 509 

honorably discharged soldiers; Section 2169, now under con- 
sideration; Section 2170, requiring five years' residence prior 
to admission; Section 2171, forbidding the admission of alien 
enemies; Section 2172, relating to the status of children of 
naturalized persons; and Section 2174, making special pro- 
vision in respect of the naturalization of seamen. 

There is nothing in Section 2169 which is repugnant to 
anything in the Act of 1906. Both may stand and be given 
effect. It is clear, therefore, that there is no repeal by impli- 
cation. 

But it is insisted by appellant that Section 2169, by its 
terms, is made applicable only to the provisions of Title XXX 
and that it w T ill not admit of being construed as a restriction 
upon the Act of 1906. Since Section 2169, it is in effect 
argued, declares that "the provisions of this title shall apply 

to aliens being free white persons ," it should be confined 

to the classes provided for in the unrepealed sections of that 
title, leaving the Act of 1906 to govern in respect of all other 
aliens, without any restriction except such as may be im- 
posed by that act itself. 

It is contended that thus construed the Act of 1906 con- 
fers the privilege of naturalization without limitation as to 
race, since the general introductory words of Section 4 are: 
"That an alien may be admitted to become a citizen of the 
United States in the following manner, and not otherwise." 
But, obviously, this clause does not relate to the subject of 
eligibility, but to the "manner," that is, the procedure, to be 
followed. Exactly the same words are used to introduce the 
similar provisions contained in Section 2165 of the Revised 
Statutes. In 1790 the first Naturalization Act provided that 
"Any alien, being a free white person, may be admitted to 
become a citizen .... on the following conditions and not 
otherwise." (2 Stat. 1799-1813, p. 153.) This was subse- 
quently enlarged to include aliens of African nativity and 
persons of African descent. These provisions were restated 
in the Revised Statutes, so that Section 2165 included only 
the procedural portion, while the substantive parts were 
carried into a separate section (2169) and the words "an 
alien" substituted for the words "any alien." 

In all of the Naturalization Acts from 1790 to 1906 the 
privilege of naturalization was confined to white persons 
(with the addition in 1870 of those of African nativity and 
descent), although the exact wording of the various statutes 
was not always the same. If Congress in 1906 desired to alter 



510 RESIDENT ORIENTALS 

a rule so well and so long established, it may be assumed 
that its purpose would have been definitely disclosed and its 
Legislation to that end put in unmistakable terms. 

The argument that, because Section 2169 is in terms made 
applicable only to the title in which it is found, it should 
now be confined to the unrepealed sections of that title is not 
convincing. The persons entitled to naturalization under 
these unrepealed sections include only honorably discharged 
soldiers and seamen who have served three years on board 
an American vessel, both of whom were entitled from the 
beginning to admission on more generous terms than w T ere 
accorded to other aliens. It is not conceivable that Congress 
would deliberately have allowed the racial limitation to con- 
tinue as to soldiers and seamen to whom the statue had 
accorded an especially favored status, and have removed it 
as to all other aliens. Such a construction can not be adopted 
unless it be unavoidable. 

The division of the Revised Statues into titles and chap- 
ter is chiefly a matter of convenience, and reference to a 
given title or chapter is simply a ready method of identifying 
the particular provisions w^hich are meant. The provisions of 
Title XXX, affected by the limitation of Section 2169, orig- 
inally embraced the whole subject of naturalization of aliens. 
The generality of the words in Section 2165, "An alien may be 
admitted ....," was restricted by Section 2169 in common 
with the other provisions of the title. The words "this title" 
were used for the purpose of identifying that provision (and 
others), but it was the provision which was restricted. That 
provision having been amended and carried into the Act of 
1906, Section 2169 being left intact and unrepealed, it will 
require something more persuasive than a narrowly literal 
reading of the identifying words "this title" to justify the 
conclusion that Congress intended the restriction to be no 
longer applicable to the provision. 

It is the duty of this court to give effect to the intent of 
Congress. Primarily this intent is ascertained by giving the 
words their natural significance, but if this leads to an un- 
reasonable result plainly at variance with the policy of the 
legislation as a whole, we must examine the matter further. 
We may then look to the reason of the enactment and inquire 
into its antecedent history and give it effect in accordance 
with its design and purpose, sacrificing, if necessary, the 
literal meaning in order that the purpose may not fail. (See 
Church of the Holy Trinity vs. United States, 143 U.S. 457; 



SELECT DOCUMENTS 511 

■ 

Heydenfeldt vs. Daneij Gold, etc., Co., 93 U.S. 634, 638.) We 
are asked to conclude that Congress, without the considera- 
tion or recommendation of any committee, without a sugges- 
tion as to the effect, or a word of debate as to the desirability 
of so fundamental a change, nevertheless, by failing to alter 
the identifying words of Section 2169, which section we may 
assume was continued for some serious purpose, has radi- 
cally modified a statute always theretofore maintained and 
considered as of great importance. It is inconceivable that 
a rule in force from the beginning of the government, a part 
of our history as well as our law, welded into the structure 
of our national policy by a century of legislative and admin- 
istrative acts and judicial decisions would have been de- 
prived of its force in such dubious and casual fashion. We 
are, therefore, constrained to hold that the Act of 1906 is 
limited by the provisions of Section 2169 of the Revised 
Statutes. 

Second. — This brings us to inquire whether, under Sec- 
tion 2169, the appellant is eligible to naturalization. The 
language of the naturalization laws from 1790 to 1870 had 
been uniformly such as to deny the privilege of naturaliza- 
tion to an alien unless he came within the description "free 
white person." By Section 7 of the Act of July 14, 1870 
(16 Stats. 254, 256), the naturalization laws were "extended 
to aliens of African nativity and to persons of African de- 
scent." Section 2169 of the Revised Statutes, as already 
pointed out, restricts the privilege to the same classes of per- 
sons, viz., "to aliens [being free white persons and to aliens] 
of African nativity and persons of African descent." It is 
true that in the first edition of the Revised Statutes of 1873 
the words in brackets, "being free white persons and to 
aliens," were omitted, but this was clearly an error of the 
compilers and was corrected by the subsequent legislation of 
1875 (18 Stats. 316, 318). Is appellant, therefore, a "free 
white person," within the meaning of that phrase as found 
in the statute. 

On behalf of the appellant it is argued that we should 
give to this phrase the meaning which it had in the minds of 
its original framers in 1790 and that it was employed by 
them for the sole purpose of excluding the black or African 
race and the Indians then inhabiting this country. It may 
be true that these two races were alone thought of as being 
excluded, but to sav that they were the only ones within the 
intent of the statute would be to ignore the affirmative form 



.~>12 RESIDENT ORIENTALS 

of the legislation. The provision is not that negroes and 
Indians shall be excluded, but it is, in effect, that only free 
white persons shall be included. The intention was to confer 
the privilege of citizenship upon that class of persons whom 
the fathers knew as white, and to deny it to all who could 
not be so classified. It is not enough to say that the framers 
did not have in mind the brown or yellow races of Asia. It 
is necessary to go farther and be able to say that had these 
particular races been suggested the language of the act would 
have been so varied as to include them within its privileges. 
As said by Chief Justice Marshall in Dartmouth College vs. 
Woodward, 4 Wheat. 518, 644, in deciding a question of 
constitutional construction: "It is not enough to say that 
this particular case was not in the mind of the Convention, 
when the article was framed, nor of the American people, 
when it was adopted. It is necessary to go farther, and to 
say that, had this particular case been suggested, the language 
would have been so varied as to exclude it, or it would have 
been made a special exception. The case being within its 
operation likewise, unless there be something in the literal 
construction so obviously absurd, or mischievous, or repug- 
nant to the general spirit of the instrument, as to justify 
those who expound the Constitution in making it an excep- 
tion." If it be assumed that the opinion of the framers was 
that the only persons who would fall outside the designation 
"white" were negroes and Indians, this would go no farther 
than to demonstrate their lack of sufficient information to 
enable them to foresee precisely who would be excluded by 
that term in the subsequent administration of the statute. It 
is not important in construing their words to consider the 
extent of their ethnological knowledge or whether they 
thought that under the statute the only persons who would 
be denied naturalization would be negroes and Indians. It 
is sufficient to ascertain whom they intended to include and 
having ascertained that it follows, as a necessary corollary, 
that all others are to be excluded. 

The question then is, Who are comprehended within the 
phrase "free white persons"? Undoubtedly the word "free" 
was originally used in recognition of the fact that slavery 
then existed and that some white persons occupied that 
status. The word, however, has long since ceased to have 
any practical significance and may now be disregarded. 

We have been furnished with elaborate briefs in which 
the meaning of the words "white person" is discussed with 



SELECT DOCUMENTS 513 

ability and length, both from the standpoint of judicial deci- 
sion and from that of the science of ethnology. It does not 
seem to us necessary, however, to follow counsel in their 
extensive researches in these fields. It is sufficient to note 
that these decisions are, in substance, to the effect that the 
words import a racial and not an individual test, and with 
this conclusion, fortified as it is by reason and authority, we 
entirely agree. Manifestly the test afforded by the mere color 
of the skin of each individual is impracticable as that differs 
greatly among persons of the same race, even among Anglo- 
Saxons, ranging by imperceptible gradations from the fair 
blonde to the swarthy brunette, the latter being darker than 
many of the lighter-hued persons of the brown or yellow 
races. Hence to adopt the color test alone would result in a 
confused overlapping of races and a gradual merging of one 
into the other, without any practical line of separation. Be- 
ginning with the decision of Circuit Judge Sawyer, in re 
Ah Yup, 5 Sawy. 155 (1898), the federal and state courts, in 
an almost unbroken line, have held that the words "white 
person" were meant to indicate only a person of what is 
popularly known as the Caucasian race. Among these deci- 
sions, see, for example: In re Camille, 6 Fed. Rep. 256; In re 
Saito, 62 Fed. Rep. 126; In re Nian, 21 Pac. (Utah) 993; In re 
Kumagai, 163 Fed. 922; In re Yamashita, 30 Wash. 234, 237; 
In re Ellis, 179 Fed. Rep. 1002; In re Mozumdar, 207 Fed. 
Rep. 115, 117; In re Singh, 257 Fed. Rep. 209, 211-212; and 
In re Charr, 273 Fed. Rep. 207- With the conclusion reached 
in these several decisions we see no reason to differ. More- 
over, that conclusion has become so well established by 
judicial and executive concurrence and legislative acquies- 
cence that we should not at this late day feel at liberty to 
disturb it, in the absence of reasons far more cogent than 
any that have been suggested. (United States vs. Mid-West 
Oil Company, 236 U.S. 459, 472.) 

The determination that the words "white person" are 
synonymous with the words "a person of the Caucasian 
race" simplified the problem, although it does not entirely 
dispose of it. Controversies have arisen and will no doubt 
arise again in respect of the proper classification of indi- 
viduals in border-line cases. The effect of the conclusion 
that the words "white person" means a Caucasian is not to 
establish a sharp line of demarcation between those who are 
entitled and those who are not entitled to naturalization, but 
rather a zone of more or less debatable ground outside of 



514 



RESIDENT ORIENTALS 



which) upon the one hand, are those clearly eligible, and 
outside of which, upon the other hand, are those clearly 
ineligible for citizenship. Individual cases falling within 
this zone must be determined as they arise from time to time 
by what this court has called, in another connection (David- 
son vs. New Orleans, 96 U.S. 97, 104), "the gradual process of 
judicial inclusion and exclusion." 

The appellant, in the case now under consideration, how- 
ever, is clearly of a race which is not Caucasian and there- 
fore belongs entirely outside the zone on the negative side. A 
large number of the federal and state courts have so decided 
and we find no reported case definitely to the contrary. 
These decisions are sustained by numerous scientific authori- 
ties, which w T e do not deem it necessary to review. We think 
these decisions are right and so hold. 

The briefs filed on behalf of appellant refer in compli- 
mentary terms to the culture and enlightenment of the 
Japanese people, and with this estimate we have no reason to 
disagree; but these are matters which cannot enter into our 
consideration of the questions here at issue. We have no 
function in the matter other than to ascertain the will of 
Congress and declare it. Of course there is not implied — 
either in the legislation or in our interpretation of it— any 
suggestion of individual unw T orthiness or racial inferiority. 
These considerations are in no manner involved. 

The questions submitted are, therefore, answered as 
follows : 

Question No. 1. The Act of June 29, 1906, is not complete 
in itself, but is limited by Section 2169 of the Revised Statutes 
of the United States. 

Question No. 2. No. 

Question No. 3. No. 

It will be so certified. 



SELECT DOCUMENT N 

AMERICAN IMMIGRATION ACT, SECTION 13 

(Approved May 26, 1924) 
EXCLUSION FROM UNITED STATES 

Section 13. (a) No immigrant shall be admitted to the 
Inited States unless he (1) has an unexpired immigration 
visa or was born subsequent to the issuance of the immigra- 
tion visa of the accompanying parent, (2) is of the nation- 
ality specified in the visa in the immigration visa, (3) is a 
non-quota immigrant if specified in the visa in the immigra- 
tion visa as such, and (4) is otherwise admissible under the 
immigration laws. 

(b) In such classes of cases, and under such conditions as 
may be by regulations prescribed, immigrants who have 
been legally admitted to the United States and who depart 
therefrom temporarily may be admitted to the United States 
without being required to obtain an immigration visa. 

(c) No alien ineligible to citizenship shall be admitted to 
the United States unless such alien (1) is admissible as a 
non-quota immigrant under the provisions of subdivision 
(b), (cO, or (e) of Section 4, or (2) is the wife, or the unmar- 
ried child under 18 years of age, of an immigrant admissible 
under such subdivision (d) and is accompanying or follow- 
ing to join him, or (3) is not an immigrant as defined in 
Section 3. 

(d) The Secretary of Labor may admit to the United 
States any otherwise admissible immigrant not admissible 
under clause (2) or (3) of subdivision (a) of this section, if 
satisfied that such inadmissibility was not known to, and 
could not have been ascertained by the exercise of reason- 
able diligence by, such immigrant prior to the departure of 
the vessel from the last port outside the United States and 
outside foreign contiguous territory, or, in the case of an 
immigrant coming from foreign contiguous territory, prior 
to the application of the immigrant for admission. 



515 



SELECT DOCUMENT O 

SYMPOSIUM OF JAPANESE OPINION IN JAPAN 
"MESSAGE FROM JAPAN TO AMERICA" 

The Japan Times and Mail, October 1, 1924 

Japanese, as a people and as a government, have never 
resented "restriction" as a general thing, although, naturally, 
regretting that the opportunities of the United States are not 
open to some portion of her surplus population. 

It is "discrimination" which both the Japanese govern- 
ment and the Japanese people resent. 

This ought to be clearly understood. 

Through the efforts of those who have so successfully 
made political capital out of the "anti-Japanese" question, 
the American people generally have been made to believe 
that it is the desire of the Japanese to